0001|                            HOUSE BILL 615
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0002|     43rd legislature - STATE OF NEW MEXICO - first session, 1997
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0003|                            INTRODUCED BY
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0004|                          RAYMOND G. SANCHEZ
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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 GOVERNMENT ORGANIZATION; REORGANIZING CERTAIN STATE
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0012|     GOVERNMENT AGENCIES AND RE-ALLOCATING FUNCTIONS; CREATING A
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0013|     WORKFORCE DEVELOPMENT DEPARTMENT; PROVIDING POWERS AND DUTIES;
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0014|     PROVIDING FOR TRANSFERS OF APPROPRIATIONS, FUNDS, FUNCTIONS AND
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0015|     PROPERTY; ABOLISHING CERTAIN GOVERNMENTAL ENTITIES; MAKING
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0016|     APPROPRIATIONS; AMENDING, REPEALING AND ENACTING SECTIONS OF
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0017|     THE NMSA 1978.
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0018|     
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0019|     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0020|         Section 1.  [<u>NEW MATERIAL</u>]  SHORT TITLE.--Sections 1
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0021|     through 14 of this act may be cited as the "Workforce
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0022|     Development Department Act".
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0023|         Section 2.  [<u>NEW MATERIAL</u>]  DEFINITIONS.--As used in the
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0024|     Workforce Development Department Act:
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0025|             A.  "department", appearing without qualification,
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0001|     means the workforce development department created by the
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0002|     Workforce Development Department Act; and 
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0003|             B.  "secretary" means the secretary of workforce
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0004|     development.
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0005|         Section 3.  [<u>NEW MATERIAL</u>]  PURPOSE.--The purpose of the
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0006|     Workforce Development Department Act is to establish a single,
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0007|     unified department to administer welfare- and workforce-related
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0008|     programs.  The department shall administer all laws and
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0009|     functions formerly administered by the labor department, the
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0010|     human services department, the youth conservation corps unit of
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0011|     the energy, minerals and natural resources department, the
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0012|     americorps unit of the children, youth and families department
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0013|     and the occupational health and safety bureau of the department
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0014|     of environment.
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0015|         Section 4.  [<u>NEW MATERIAL</u>]  WORKFORCE DEVELOPMENT
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0016|     DEPARTMENT ESTABLISHED.--
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0017|             A.  There is created in the executive branch the
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0018|     "workforce development department".  The department is a
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0019|     cabinet department. 
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0020|             B.  Until July 1, 1998, the department shall consist
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0021|     of, but not be limited to, six divisions:
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0022|                 (1)  employment security division; 
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0023|                 (2)  income support division; 
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0024|                 (3)  child support enforcement division;
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0025|                 (4)  medical assistance division;
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0001|                 (5)  programs division; and
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0002|                 (6)  administrative services division.
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0003|             C.  Beginning July 1, 1998, the department shall
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0004|     consist of, but not be limited to, five divisions:
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0005|                 (1)  employment security division;
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0006|                 (2)  income support division;
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0007|                 (3)  child support enforcement division;
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0008|                 (4)  programs division; and 
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0009|                 (5)  administrative services division.
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0010|             D.  The secretary is empowered to organize the
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0011|     department and the divisions specified in Subsections B and C
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0012|     of this section and may transfer or merge functions between
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0013|     divisions in the interest of efficiency and economy.
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0014|         Section 5.  [<u>NEW MATERIAL</u>]  GOVERNMENTAL ENTITIES
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0015|     ABOLISHED.--On July 1, 1997 the labor department and the human
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0016|     services department are abolished.
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0017|         Section 6.  [<u>NEW MATERIAL</u>]  SECRETARY OF WORKFORCE
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0018|     DEVELOPMENT--APPOINTMENT.--
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0019|             A.  The chief executive and administrative officer of
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0020|     the department is the "secretary of workforce development". 
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0021|     The secretary shall be appointed by the governor with the
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0022|     advice and consent of the senate.  The secretary holds office
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0023|     at the pleasure of the governor and shall serve in the
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0024|     executive cabinet.
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0025|             B.  A secretary who has been appointed but not yet
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0001|     confirmed shall serve and have all the duties, responsibilities
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0002|     and authority assigned by law to that office during the period
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0003|     of time prior to the final action by the senate to confirm or
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0004|     reject his appointment.  
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0005|         Section 7.  [<u>NEW MATERIAL</u>]  SECRETARY--DUTIES AND
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0006|     GENERAL POWERS.--
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0007|             A.  The secretary is responsible to the governor for
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0008|     the operation of the department.  It is his duty to manage all
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0009|     operations of the department and to administer and enforce the
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0010|     laws with which he or the department is charged.
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0011|             B.  To perform his duties, the secretary has every
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0012|     power expressly enumerated in the laws whether granted to the
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0013|     secretary or the department or any division of the department 
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0014|     except when authority conferred upon any division is explicitly
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0015|     exempted from the secretary's authority by statute.  In
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0016|     accordance with these provisions, the secretary shall:
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0017|                 (1)  exercise general supervisory and appointing
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0018|     authority over all department employees, subject to any
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0019|     applicable personnel laws and regulations;
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0020|                 (2)  delegate authority to subordinates as he
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0021|     deems necessary and appropriate, clearly delineating the
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0022|     delegated authority and any limitations on it;
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0023|                 (3)  organize the department into those
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0024|     organizational units he deems will enable it to function most
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0025|     efficiently, subject to any provisions of law requiring or
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0001|     establishing specific organizational units;
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0002|                 (4)  within the limitations of available
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0003|     appropriations and applicable laws, employ and fix the
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0004|     compensation of those persons necessary to discharge his
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0005|     duties;         
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0006|         (5)  take administrative action by issuing orders and
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0007|     instructions, not inconsistent with the law, to assure
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0008|     implementation of and compliance with the provisions of law
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0009|     with the administration or execution of which he is
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0010|     responsible, and to enforce those orders and instructions by
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0011|     appropriate administrative action or actions in the court;
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0012|                 (6)  conduct research and studies that will
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0013|     improve the operation of the department;
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0014|                 (7)  provide courses of instruction and practical
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0015|     training for employees of the department and other persons
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0016|     involved in the administration of programs with the objective
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0017|     of improving the operations and efficiency of administration;
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0018|                 (8)  prepare an annual budget of the department;
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0019|                 (9)  provide cooperation, at the request of heads
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0020|     of administratively attached agencies, in order to:
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0021|                     (a)  minimize or eliminate duplication of
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0022|     services and jurisdictional conflicts;
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0023|                     (b)  coordinate activities and resolve
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0024|     problems of mutual concern; and 
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0025|                     (c)  resolve by agreement the manner and
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0001|     extent to which the department shall provide budgeting,
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0002|     recordkeeping and related clerical assistance to
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0003|     administratively attached agencies, if any;
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0004|                 (10)  appoint, with the governor's consent, for
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0005|     each division, a director, who shall be exempt from the
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0006|     provisions of the Personnel Act and shall serve at the pleasure
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0007|     of the secretary;
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0008|                 (11)  give bond in the penal sum of twenty-five
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0009|     thousand dollars ($25,000) and require directors to each give
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0010|     bond in the penal sum of ten thousand dollars ($10,000)
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0011|     conditioned upon the faithful performance of duties as provided
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0012|     in the Surety Bond Act with the department paying the cost of
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0013|     such bonds; 
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0014|                 (12)  require performance bonds of such employees
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0015|     and officers as he deems necessary as provided in the Surety
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0016|     Bond Act with the department paying the costs of such bonds;
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0017|     and
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0018|                 (13)  enter into contracts.  
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0019|             C.  The secretary may bring suit on behalf of the
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0020|     department, and the secretary, the department and its employees
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0021|     may be sued subject to the provisions of the Tort Claims Act. 
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0022|             D.  The secretary may apply for and receive, with the
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0023|     governor's approval, in the name of the department, any public
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0024|     or private funds.
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0025|             E.  If functions of state government departments
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0001|     overlap a function of the department or a function assigned to
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0002|     the department could better be performed by another state
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0003|     government department or a function assigned to another state
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0004|     government department could best be performed by the
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0005|     department, the secretary may recommend appropriate legislation
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0006|     to re-allocate those functions to the next session of the
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0007|     legislature for its consideration.
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0008|             F.  The secretary may adopt and promulgate reasonable 
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0009|     rules and regulations necessary to carry out the duties of the
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0010|     department and its divisions.  A rule or regulation adopted by
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0011|     a division director in carrying out the functions and duties of
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0012|     the division shall not be effective until approved by the
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0013|     secretary unless otherwise provided explicitly by statute. 
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0014|     Unless otherwise provided explicitly by statute, no regulation
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0015|     affecting any person or agency outside the department shall be
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0016|     adopted, amended or repealed without a public hearing on the
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0017|     proposed action before the secretary or a hearing officer
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0018|     designated by him.  The public hearing shall be held in Santa
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0019|     Fe unless otherwise permitted by statute.  Notice of the
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0020|     subject matter of the regulation, the action proposed to be
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0021|     taken, the time and place of the hearing, the manner in which
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0022|     interested persons may present their views and the method by
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0023|     which copies of the proposed regulation, proposed amendment or
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0024|     repeal of an existing regulation may be obtained shall be
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0025|     published once at least thirty days prior to the hearing date
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0001|     in a newspaper of general circulation in the state and mailed
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0002|     at least thirty days prior to the hearing date to all persons
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0003|     who have made a written request for advance notice of hearing.
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0004|             G.  All rules and regulations shall be filed in
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0005|     accordance with the State Rules Act.
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0006|         Section 8.  [<u>NEW MATERIAL</u>]  ADMINISTRATIVELY ATTACHED
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0007|     AGENCIES, BOARDS AND COMMISSIONS.--The human rights commission,
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0008|     the labor and industrial commission, the workforce development
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0009|     board, the New Mexico youth conservation corps commission, the
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0010|     occupational health and safety review commission, the New
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0011|     Mexico office of Indian affairs and the commission on the
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0012|     status of women are administratively attached to the department
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0013|     and shall have the status of administratively attached agencies
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0014|     pursuant to the provisions of the Executive Reorganization Act.
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0015|         Section 9.  [<u>NEW MATERIAL</u>]  DIRECTORS.--The secretary
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0016|     shall appoint, with the approval of the governor, directors of
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0017|     the divisions established within the department.  
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0018|         Section 10.  [<u>NEW MATERIAL</u>]  BUREAUS--CHIEFS.--The
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0019|     secretary shall establish within each division those bureaus as
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0020|     he deems necessary to carry out the provisions of the Workforce
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0021|     Development Department Act.  He shall employ a chief to be
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0022|     administrative head of each bureau.
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0023|         Section 11.  [<u>NEW MATERIAL</u>]  PERSONNEL ACT COVERAGE.--
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0024|     All employees and positions in the department, except for the
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0025|     positions of secretary, division director and other positions
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0001|     expressly permitted pursuant to the Personnel Act and
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0002|     designated as exempt by the secretary shall be covered by and
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0003|     shall be subject to the provisions of the Personnel Act.  
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0004|         Section 12.  [<u>NEW MATERIAL</u>]  COOPERATION WITH THE
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0005|     FEDERAL GOVERNMENT--AUTHORITY OF SECRETARY--SINGLE STATE AGENCY
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0006|     STATUS.--
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0007|             A.  The department is authorized to cooperate with the
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0008|     federal government in the administration of employment,
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0009|     training and public assistance programs under the jurisdiction
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0010|     of the department in which financial or other participation by
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0011|     the federal government is authorized or mandated pursuant to
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0012|     federal laws, regulations, rules or orders.  The secretary may
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0013|     enter into agreements with agencies of the federal government
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0014|     to implement employment, training and public assistance
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0015|     programs subject to availability of appropriated state funds
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0016|     and any provisions of state laws applicable to those agreements
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0017|     or participation by the state.
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0018|             B.  The governor or the secretary may designate the
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0019|     department or an organizational unit of the department as the
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0020|     single state agency for the administration of any employment,
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0021|     training or public assistance program, either in the governor's
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0022|     or the secretary's discretion or when the designation is a
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0023|     condition of federal financial or other participation in the
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0024|     program under federal law, regulation, rule or order.  No
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0025|     designation of a single state agency under the authority
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0001|     granted in this subsection shall be made in contravention of
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0002|     state law.
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0003|         Section 13.  [<u>NEW MATERIAL</u>]  ADVISORY COMMITTEES.--The
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0004|     secretary, with the consent of the governor, may create
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0005|     advisory committees in accordance with the provisions of
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0006|     Section 9-1-9 NMSA 1978.  The secretary shall appoint the
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0007|     members of the advisory committees with the consent of the
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0008|     governor.  If the existence of an advisory committee, its
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0009|     representational membership requirements or other matters are
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0010|     required or specified under any federal law, regulation, rule
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0011|     or order as a condition for receiving federal funds for any
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0012|     program administered by the department, the secretary and the
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0013|     governor shall comply with those requirements in creating the
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0014|     advisory committee.
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0015|         Section 14.  [<u>NEW MATERIAL</u>]  ORGANIZATIONAL UNITS OF THE
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0016|     DEPARTMENT--POWERS AND DUTIES SPECIFIED BY LAW--ACCESS TO
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0017|     INFORMATION.--
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0018|             A.  Those organizational units of the department and
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0019|     the officers of those units specified by law shall have all the
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0020|     powers and duties enumerated in the specific laws assigned to
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0021|     their organizational units for administration.  However, the
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0022|     carrying out of those powers and duties shall be subject to the
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0023|     direction and supervision of the secretary, and the secretary
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0024|     shall retain the final decision-making authority and
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0025|     responsibility in accordance with the provisions of Subsection
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0001|     B of Section 7 of the Workforce Development Department Act. 
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0002|     The department shall be given access to all records, data and
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0003|     information of other departments, agencies and institutions not
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0004|     specifically made confidential by law.
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0005|             B.  Subject to the provisions of Subsection B of
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0006|     Section 7 of the Workforce Development Department Act:
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0007|                 (1)  the employment security division has the
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0008|     powers and duties conferred by law upon the former employment
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0009|     security division of the labor department;
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0010|                 (2)  the income support division has the powers
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0011|     and duties conferred by law upon the former income support
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0012|     division of the human services department;
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0013|                 (3)  the child support enforcement division has 
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0014|     the powers and duties conferred by law upon the former child
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0015|     support enforcement division of the human services department;
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0016|                 (4)  the medical assistance division has the
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0017|     powers and duties conferred by law upon the former medical
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0018|     assistance division of the human services department; and
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0019|                 (5)  the programs division has the powers and
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0020|     duties conferred upon the former labor and industrial division
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0021|     and human rights division of the labor department, the
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0022|     occupational health and safety bureau of the department of
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0023|     environment, the youth conservation corps unit of the energy,
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0024|     minerals and natural resources department and the americorps
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0025|     unit of the children, youth and families department.
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0001|         Section 15.  Section 9-5B-3 NMSA 1978 (being Laws 1992,
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0002|     Chapter 91, Section 3) is amended to read:
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0003|         "9-5B-3.  DEFINITIONS.--As used in the New Mexico Youth
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0004|     Conservation Corps Act:
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0005|             A.  "commission" means the New Mexico youth
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0006|     conservation corps commission;
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0007|             B.  "corps" means the New Mexico youth conservation
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0008|     corps;
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0009|             C.  "corps member" means a person enrolled in the
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0010|     corps;
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0011|             D.  "department"  means the <s>[energy, minerals and
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<s></s>0012| <s>    natural resources]</s> <u>workforce development</u> department;
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0013|             E.  "nonprofit organization" means any organization
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0014|     that has been granted an exemption from federal income tax by
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0015|     the United States commissioner of internal revenue as an
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0016|     organization described in Section 501(c) of the United States
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0017|     Internal Revenue Code of 1986, as amended or renumbered;
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0018|             F.  "project" means an activity that can be completed
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0019|     in six months or less, results in a specific identifiable
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0020|     service or product that otherwise would not be accomplished
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0021|     with existing funds and does not duplicate the routine services
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0022|     or functions of the sponsor;
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0023|             G.  "resident" means an individual who has resided in
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0024|     New Mexico for at least six months before applying for
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0025|     employment with the corps; and
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0001|             H.  "sponsor" means any local unit of government,
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0002|     state agency, federal agency, nonprofit organization or
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0003|     federally recognized <s>[Native American]</s> <u>Indian nation</u>, tribe
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0004|     <u>or pueblo</u>."
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0005|         Section 16.  Section 9-5B-5 NMSA 1978 (being Laws 1992,
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0006|     Chapter 91, Section 5) is amended to read:
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0007|         "9-5B-5.  COMMISSION CREATED--MEMBERSHIP--APPOINTMENTS--
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0008|     TERMS--VACANCIES--COMPENSATION.--
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0009|             A.  There is created a nine-member "New Mexico youth
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0010|     conservation corps commission" <s>[which]</s> <u>that</u> is
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0011|     administratively attached to the department.  The commission
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0012|     consists of the following members:
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0013|                 (1)  the superintendent of public instruction or
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0014|     his designee;
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0015|                 (2)  the commissioner of public lands or his 
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0016|     designee;
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0017|                 (3)  the secretary of <s>[energy, minerals and
</s>    |
<s></s>0018| <s>    natural resources]</s> <u>workforce development</u> or his designee;
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0019|                 (4)  the secretary of <s>[the youth authority]</s>
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0020|     <u>children, youth and families</u> or his designee; and
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0021|                 (5)  five members of the general public appointed
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0022|     by the governor to reflect the geographic diversity of the
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0023|     state, one of whom is knowledgeable in the current policies of
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0024|     the United States forest service and one of whom is Native
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0025|     American.
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0001|             B.  One <s>[of the members]</s> <u>public member</u> of the
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0002|     commission shall be appointed by the governor for a one-year
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0003|     term, two <u>public</u> members shall be appointed for two-year
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0004|     terms <u>and</u> two <u>public</u> members shall be appointed for three-
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0005|     year terms <s>[and]</s>.  All subsequent appointments <u>of public
</u>    |
<u></u>0006| <u>    members</u> shall be made for three-year terms.  
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0007|             C.  The public members shall serve at the pleasure of
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0008|     the governor.  Vacancies on the commission <u>caused by the loss
</u>    |
<u></u>0009| <u>    of a public member</u> shall be filled by appointment by the
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0010|     governor for the unexpired term within sixty days of the
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0011|     vacancy. <u>Public</u> commission members shall serve until their
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0012|     successors have been appointed.
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0013|             D.  A majority of the members of the commission
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0014|     constitutes a quorum for transaction of business.  The
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0015|     commission shall elect a chairman from its membership.
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0016|             E.  Members of the commission shall be compensated as
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0017|     provided in the Per Diem and Mileage Act and shall receive no
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0018|     other compensation, perquisite or allowance."
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0019|         Section 17.  Section 9-7A-14 NMSA 1978 (being Laws 1977,
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0020|     Chapter 253, Section 78, as amended) is amended to read:
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0021|         "9-7A-14.   OCCUPATIONAL HEALTH AND SAFETY REVIEW
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0022|     COMMISSION--EXEMPTIONS FROM AUTHORITY OF SECRETARY OF
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0023|     <s>[ENVIRONMENT]</s> <u>WORKFORCE DEVELOPMENT</u>.--The occupational
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0024|     health and safety review commission shall receive staff support
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0025|     from the <u>workforce development</u> department <s>[of environment]</s>. 
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0001|     All powers, duties and responsibilities of the occupational
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0002|     health and safety review commission under Sections 50-9-9, 50-
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0003|     9-17 and 50-9-24 NMSA 1978 are hereby explicitly exempted from
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0004|     the authority of the secretary <u>of workforce development</u> under
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0005|     provisions of Subsection B of Section <s>[6 of The Department of
</s>    |
<s></s>0006| <s>    Environment Act]</s> <u>9-7A-6 NMSA 1978</u>."
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0007|         Section 18.  Section 13-4-11 NMSA 1978 (being Laws 1965,
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0008|     Chapter 35, Section 1, as amended) is amended to read:
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0009|         "13-4-11.  MINIMUM WAGES ON PUBLIC WORKS--WEEKLY PAYMENT--
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0010|     POSTING WAGE SCALE--WITHHOLDING FUNDS.--Every contract or
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0011|     project in excess of twenty thousand dollars ($20,000) to which
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0012|     the state or any political subdivision thereof is a party for
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0013|     construction, alteration, demolition or repair or any
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0014|     combination of these, including painting and decorating, of
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0015|     public buildings, public works or public roads of the state and
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0016|     <s>[which]</s> <u>that</u> requires or involves the employment of
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0017|     mechanics, laborers or both shall contain a provision stating
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0018|     the minimum wages to be paid to various classes of laborers and
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0019|     mechanics, which shall be based upon the wages that will be
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0020|     determined by the <s>[director of the]</s> labor and industrial
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0021|     <s>[division]</s> <u>bureau</u> of the <s>[labor]</s> <u>workforce development</u>
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0022|     department to be prevailing for the corresponding classes of
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0023|     laborers and mechanics employed on contract work of a similar
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0024|     nature in the state or locality, and every contract or project
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0025|     shall contain a stipulation that the contractor, subcontractor,
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0001|     employer or any person acting as a contractor shall pay all
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0002|     mechanics and laborers employed on the site of the project,
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0003|     unconditionally and not less often than once a week and without
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0004|     subsequent unlawful deduction or rebate on any account, the
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0005|     full amounts accrued at time of payment computed at wage rates
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0006|     not less than those stated in the minimum wage rates issued for
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0007|     the project.
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0008|             A.  For the purpose of making wage determinations, the
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0009|     <s>[director of the]</s> labor and industrial <s>[division]</s> <u>bureau</u>
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0010|     of the <s>[labor]</s> <u>workforce development</u> department shall
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0011|     conduct a continuing program for the obtaining and compiling of
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0012|     wage-rate information and shall encourage the voluntary
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0013|     submission of wage-rate data by contractors, contractors'
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0014|     associations, labor organizations, interested persons and
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0015|     public officers.  Before making a determination of wage rates
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0016|     for any project, <s>[he]</s> <u>the bureau</u> shall give due regard to
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0017|     the information thus obtained.  Whenever the <s>[director]</s>
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0018|     <u>bureau</u> deems that the data at hand are insufficient to make a
    |
0019|     wage determination, <s>[he]</s> <u>it</u> may have a field survey
    |
0020|     conducted for the purpose of obtaining sufficient information
    |
0021|     upon which to make determination of wage rates.  Any interested
    |
0022|     person shall have the right to submit to the <s>[director]</s>
    |
0023|     <u>bureau</u> written data, views and arguments why the wage
    |
0024|     determination should be changed.
    |
0025|             B.  The scale of wages to be paid shall be posted by
    |
0001|     the contractor or person acting as a contractor in a prominent
    |
0002|     and easily accessible place at the site of the work; and it is
    |
0003|     further provided that there may be withheld from the
    |
0004|     contractor, subcontractor, employer or any person acting as a
    |
0005|     contractor so much of accrued payments as may be considered
    |
0006|     necessary by the contracting officer to pay to laborers and
    |
0007|     mechanics employed on the project the difference between the
    |
0008|     rates of wages required by the <s>[director of the]</s> labor and
    |
0009|     industrial <s>[division]</s> <u>bureau</u> of the <s>[labor]</s> <u>workforce
</u>    |
<u></u>0010| <u>    development</u> department to be paid to laborers and mechanics on
    |
0011|     the work and the rates of wages received by such laborers and
    |
0012|     mechanics and not refunded to the contractor, subcontractor,
    |
0013|     employer or any person acting as a contractor or their agents.
    |
0014|             C.  The <s>[director of the]</s> labor and industrial
    |
0015|     <s>[division]</s> <u>bureau</u> of the <s>[labor]</s> <u>workforce development</u>
    |
0016|     department shall have authority to issue rules and regulations
    |
0017|     necessary to administer and accomplish the purposes of the
    |
0018|     Public Works Minimum Wage Act."
    |
0019|         Section 19.  Section 13-4-12 NMSA 1978 (being Laws 1965,
    |
0020|     Chapter 35, Section 2, as amended) is amended to read:
    |
0021|         "13-4-12.  DEFINITION OF THE TERM "WAGES".--
    |
0022|             A.  As used in Section 13-4-11 NMSA 1978, "wages",
    |
0023|     "scale of wages", "wage rates" <u>and</u> "minimum wages" <s>[and
</s>    |
<s></s>0024| <s>    "prevailing wages"]</s> include:
    |
0025|                 (1)  the basic hourly rate of pay; and
    |
0001|                 (2)  the amount of:
    |
0002|                     (a)  the rate of contribution irrevocably
    |
0003|     made by a contractor, subcontractor, employer or any person
    |
0004|     acting as a contractor to a trustee or a third person pursuant
    |
0005|     to a fund, plan or program; and
    |
0006|                     (b)  the rate of costs to a contractor,
    |
0007|     subcontractor, employer or any person acting as a contractor
    |
0008|     <s>[which]</s> <u>that</u> reasonably may be anticipated in providing
    |
0009|     benefits to laborers and mechanics pursuant to an enforceable
    |
0010|     commitment to carry out a financially responsible plan or
    |
0011|     program <s>[which]</s> <u>that</u> was communicated in writing to the
    |
0012|     laborers and mechanics affected for:  1) medical or hospital
    |
0013|     care; 2) pensions on retirement or death; 3) compensation for
    |
0014|     injuries or illness resulting from occupational activity; or 4)
    |
0015|     insurance to provide for any of the foregoing; and for:  5)
    |
0016|     unemployment benefits; 6) life insurance; 7) disability and
    |
0017|     sickness insurance; 8) accident insurance; 9) vacation and
    |
0018|     holiday pay; 10) costs of apprenticeship or other similar
    |
0019|     programs; or for 11) other bona fide fringe benefits; but only
    |
0020|     where the contractor, subcontractor, employer or any person
    |
0021|     acting as a contractor is not required by other federal, state
    |
0022|     or local law to provide any of the foregoing or similar
    |
0023|     benefits.
    |
0024|             B.  The obligation of a contractor, subcontractor,
    |
0025|     employer or person acting as a contractor to make payment in
    |
0001|     accordance with the prevailing wage determinations of the
    |
0002|     <s>[director of the]</s> labor and industrial <s>[division]</s> <u>bureau</u>
    |
0003|     of the <s>[labor]</s> <u>workforce development</u> department, insofar as
    |
0004|     Section 13-4-11 NMSA 1978 or other sections of legislative acts
    |
0005|     incorporating Section 13-4-11 NMSA 1978 are concerned, may be
    |
0006|     discharged by:
    |
0007|                 (1)  the making of payments in cash;
    |
0008|                 (2)  the making of contributions of a type
    |
0009|     referred to in Subparagraph (a) of Paragraph (2) of Subsection
    |
0010|     A of this section; or
    |
0011|                 (3)  the assumption of an enforceable commitment
    |
0012|     to bear the costs of a plan or program of a type referred to in
    |
0013|     Subparagraph (b) of Paragraph (2) of Subsection A of this
    |
0014|     section or any combination thereof where the aggregate of any
    |
0015|     payments or contributions and costs therefor is not less than
    |
0016|     the rate of pay described in Section 13-4-11 NMSA 1978 plus the
    |
0017|     amount referred to in this section.
    |
0018|             <s>[C.  The provisions of this section shall not affect
</s>    |
<s></s>0019| <s>    existing contracts or contracts resulting from bids outstanding
</s>    |
<s></s>0020| <s>    on July 15, 1965]</s>"
    |
0021|         Section 20.  Section 13-4-13 NMSA 1978 (being Laws 1965,
    |
0022|     Chapter 35, Section 3, as amended) is amended to read:
    |
0023|         "13-4-13.  FAILURE TO PAY MINIMUM WAGE--TERMINATION OF
    |
0024|     CONTRACT.--Every contract within the scope of the Public Works
    |
0025|     Minimum Wage Act shall contain further provision that in the
    |
0001|     event it is found by <s>[the director of]</s> the labor and
    |
0002|     industrial <s>[division]</s> <u>bureau</u> of the <s>[labor]</s> <u>workforce
</u>    |
<u></u>0003| <u>    development</u> department that any laborer or mechanic employed
    |
0004|     on the site of the project has been or is being paid as a
    |
0005|     result of a willful violation a rate of wages less than the
    |
0006|     rate of wages required, the contracting agency may, by written
    |
0007|     notice to the contractor, subcontractor, employer or person
    |
0008|     acting as a contractor terminate their right to proceed with
    |
0009|     the work or such part of the work as to which there has been a
    |
0010|     willful failure to pay the required wages, and the contracting
    |
0011|     agency may prosecute the work to completion by contract or
    |
0012|     otherwise, and the contractor or person acting as a contractor
    |
0013|     and his sureties shall be liable to the state for any excess
    |
0014|     costs occasioned thereby.  Any party receiving notice of
    |
0015|     termination of his project or subcontract under the provisions
    |
0016|     of this section may appeal the finding of the <s>[director]</s>
    |
0017|     <u>bureau</u> as provided in the Public Works Minimum Wage Act."
    |
0018|         Section 21.  Section 13-4-14 NMSA 1978 (being Laws 1965,
    |
0019|     Chapter 35, Section 4, as amended) is amended to read:
    |
0020|         "13-4-14.  PAYMENT OF WAGES FROM FUNDS WITHHELD--LIST OF
    |
0021|     CONTRACTORS VIOLATING ACT--ADDITIONAL RIGHT OF WAGE EARNERS.--
    |
0022|             A.  The <s>[director of the]</s> labor and industrial
    |
0023|     <s>[division]</s> <u>bureau</u> of the <s>[labor]</s> <u>workforce development</u>
    |
0024|     department shall certify to the contracting agency the names of
    |
0025|     persons or firms he has found to have disregarded their
    |
0001|     obligations to employees under the Public Works Minimum Wage
    |
0002|     Act and the amount of arrears.  The contracting agency is
    |
0003|     authorized and directed to pay or cause to be paid to the
    |
0004|     affected laborers and mechanics, from any accrued payments
    |
0005|     withheld under the terms of the contract or designated for the
    |
0006|     project, any wages found due such workmen pursuant to the
    |
0007|     Public Works Minimum Wage Act.  The <s>[director]</s> <u>bureau</u>
    |
0008|     shall, after notice to the affected persons, distribute a list
    |
0009|     to all departments of the state giving the names of persons or
    |
0010|     firms <s>[he has]</s> found to have willfully violated the Public
    |
0011|     Works Minimum Wage Act.  No contract or project shall be
    |
0012|     awarded to the persons or firms appearing on this list or to
    |
0013|     any firm, corporation, partnership or association in which the
    |
0014|     persons or firms have an interest until three years have
    |
0015|     elapsed from the date of publication of the list containing the
    |
0016|     names of the persons or firms.  Any person to be included on
    |
0017|     the list to be distributed may appeal the finding of the
    |
0018|     <s>[director]</s> <u>bureau</u> as provided in the Public Works Minimum
    |
0019|     Wage Act.
    |
0020|             B.  If the accrued payments withheld under the terms
    |
0021|     of the contract, as mentioned in Subsection A of this section,
    |
0022|     are insufficient to reimburse all the laborers and mechanics
    |
0023|     with respect to whom there has been a failure to pay the wages
    |
0024|     required pursuant to the Public Works Minimum Wage Act, the
    |
0025|     laborers and mechanics shall have the right of action or
    |
0001|     intervention or both against the contractor or person acting as
    |
0002|     a contractor and his sureties, conferred by law upon such
    |
0003|     persons furnishing labor and materials, and, in such
    |
0004|     proceeding, it shall be no defense that the laborers and
    |
0005|     mechanics accepted or agreed to less than the required rate of
    |
0006|     wages or voluntarily made refunds.  The <s>[director of the]</s>
    |
0007|     labor and industrial <s>[division]</s> <u>bureau</u> of the <s>[labor]</s>
    |
0008|     <u>workforce development</u> department shall refer such matters to
    |
0009|     the district attorney in the appropriate county, and it is the
    |
0010|     duty and responsibility of the district attorney to bring civil
    |
0011|     suit for wages due and liquidated damages provided for in
    |
0012|     Subsection C of this section.
    |
0013|             C.  In the event of any violation of the Public Works
    |
0014|     Minimum Wage Act, the contractor, subcontractor, employer or
    |
0015|     any person acting as a contractor responsible for the violation
    |
0016|     shall be liable to any affected employee for his unpaid wages. 
    |
0017|     In addition, the contractor, subcontractor, employer or any
    |
0018|     person acting as a contractor shall be liable to any affected
    |
0019|     employee for liquidated damages in the sum of ten dollars
    |
0020|     ($10.00) for each calendar day on which a contractor,
    |
0021|     subcontractor, employer or any person acting as a contractor
    |
0022|     has willfully required or permitted an individual laborer or
    |
0023|     mechanic to work in violation of the provisions of the Public
    |
0024|     Works Minimum Wage Act."
    |
0025|         Section 22.  Section 13-4-15 NMSA 1978 (being Laws 1963,
    |
0001|     Chapter 304, Section 5, as amended) is amended to read:
    |
0002|         "13-4-15.  APPEALS.--
    |
0003|             A.  Any interested person may appeal any
    |
0004|     determination, finding or action of the <s>[director of the]</s>
    |
0005|     labor and industrial <s>[division]</s> <u>bureau</u> of the <s>[labor]</s>
    |
0006|     <u>workforce development</u> department made pursuant to the Public
    |
0007|     Works Minimum Wage Act to the labor and industrial commission
    |
0008|     sitting as the appeals board by filing notice of the appeal
    |
0009|     with the <s>[director]</s> <u>chief of the labor and industrial
</u>    |
<u></u>0010| <u>    bureau</u> within fifteen days after the determination has been
    |
0011|     issued or notice of the finding or action has been given as
    |
0012|     provided in the Public Works Minimum Wage Act.
    |
0013|             B.  The labor and industrial commission, sitting as
    |
0014|     the appeals board, shall adopt such rules and regulations as it
    |
0015|     deems necessary for the prompt disposition of appeals.  A copy
    |
0016|     of the rules and regulations shall be filed <s>[with the
</s>    |
<s></s>0017| <s>    librarian of the supreme court library]</s> <u>in accordance with
</u>    |
<u></u>0018| <u>    the State Rules Act</u>.
    |
0019|             C.  The appeals board, within ten days after the
    |
0020|     filing of the appeal, shall set the matter for an oral hearing
    |
0021|     within thirty days and, following such hearing, shall enter a
    |
0022|     decision within ten days after the close of the hearing and
    |
0023|     promptly mail copies of the decision to the parties.
    |
0024|             D.  Decisions of the appeals board may be reviewed by
    |
0025|     the district court in Santa Fe county or in the county in which
    |
0001|     the contract affected is to be performed.  Proceedings for
    |
0002|     review shall be instituted by filing a petition in the court
    |
0003|     within thirty days after mailing notice of the final decision
    |
0004|     of the board.  Copies of the petition shall be served upon the
    |
0005|     <s>[director]</s> <u>chief</u> of the labor and industrial <s>[division]</s>
    |
0006|     <u>bureau</u> of the <s>[labor]</s> <u>workforce development</u> department
    |
0007|     and all parties of record.  The review shall be conducted by
    |
0008|     the court without a jury and shall be confined to the record of
    |
0009|     the proceedings before the board.  The findings of fact of the
    |
0010|     board shall be binding upon the district court when supported
    |
0011|     by substantial evidence.  The court may affirm the decision of
    |
0012|     the board or remand the case for further proceedings.  The
    |
0013|     court may reserve or modify the decision because the
    |
0014|     administrative findings, inferences, conclusions or decisions
    |
0015|     are:
    |
0016|                 (1)  in violation of constitutional or statutory
    |
0017|     provisions;
    |
0018|                 (2)  in excess of the statutory authority of the
    |
0019|     board;
    |
0020|                 (3)  made upon unlawful procedure;
    |
0021|                 (4)  affected by other error of law;
    |
0022|                 (5)  clearly erroneous in view of the reliable
    |
0023|     probative and substantial evidence on the whole record; or
    |
0024|                 (6)  arbitrary or capricious or characterized by
    |
0025|     abusive discretion or clearly unwarranted exercise of
    |
0001|     discretion.
    |
0002|         An aggrieved party may obtain a review of any final
    |
0003|     judgment of the district court made pursuant to the Public
    |
0004|     Works Minimum Wage Act by appeal to the <s>[supreme]</s> court <u>of
</u>    |
<u></u>0005| <u>    appeals</u>, which shall be taken as in other civil cases."
    |
0006|         Section 23.  Section 27-1-1 NMSA 1978 (being Laws 1977,
    |
0007|     Chapter 252, Section 16) is amended to read:
    |
0008|         "27-1-1.  DEFINITIONS.--As used in Articles 1 and 2 of
    |
0009|     Chapter <s>[13 NMSA 1953]</s> <u>27 NMSA 1978</u>, "department",
    |
0010|     "department of public welfare", "state department of public
    |
0011|     welfare", "New Mexico department of public welfare", "state
    |
0012|     board of public welfare", "board of public welfare", "state
    |
0013|     board", "state department", "health and social services
    |
0014|     department", "<u>human services department"</u>, "department of
    |
0015|     health and social services", "health and social services board"
    |
0016|     and "board" mean the <s>[human services]</s> <u>workforce development</u>
    |
0017|     department."
    |
0018|         Section 24.  Section 27-1-3 NMSA 1978 (being Laws 1937,
    |
0019|     Chapter 18, Section 4, as amended) is amended to read:
    |
0020|         "27-1-3.  ACTIVITIES OF <s>[HUMAN SERVICES]</s> <u>WORKFORCE
</u>    |
<u></u>0021| <u>    DEVELOPMENT</u> DEPARTMENT.--The <s>[human services]</s> department
    |
0022|     shall be charged with the administration of all the welfare
    |
0023|     activities of the state as provided in Chapter 27 NMSA 1978,
    |
0024|     except as otherwise provided for by law.  The <s>[human
</s>    |
<s></s>0025| <s>    services]</s> department shall, except as otherwise provided by
    |
0001|     law:
    |
0002|             A.  administer <s>[old age assistance, aid to dependent
</s>    |
<s></s>0003| <s>    children, assistance to the needy blind and otherwise
</s>    |
<s></s>0004| <s>    handicapped and general relief]</s> <u>financial assistance
</u>    |
<u></u>0005| <u>    programs, including aid to dependent children and general
</u>    |
<u></u>0006| <u>    assistance</u>;
    |
0007|             <s>[B.  administer all aid or services to crippled chil-
</s>    |
<s></s>0008| <s>    
</s>    |
<s></s>0009| <s>    dren, including the extension and improvement of services for
</s>    |
<s></s>0010| <s>    crippled children, insofar as practicable under conditions in
</s>    |
<s></s>0011| <s>    this state, provide for locating children who are crippled or
</s>    |
<s></s>0012| <s>    who are suffering from conditions which lead to crippling,
</s>    |
<s></s>0013| <s>    provide corrective and any other services and care and
</s>    |
<s></s>0014| <s>    facilities for diagnosis, hospitalization and after-care for
</s>    |
<s></s>0015| <s>    children who are crippled or who are suffering from conditions
</s>    |
<s></s>0016| <s>    which lead to crippling, and supervise the administration of
</s>    |
<s></s>0017| <s>    those services which are not administered directly by the
</s>    |
<s></s>0018| <s>    department;
</s>    |
<s></s>0019| <s>            C.]</s> <u>B.</u>  administer and supervise all child welfare
    |
0020|     activities, service to children placed for adoption, service
    |
0021|     and care of homeless, dependent and neglected children, service
    |
0022|     and care for children in foster family homes or in institutions
    |
0023|     because of dependency or delinquency and care and service to
    |
0024|     any child who because of physical or mental defect may need
    |
0025|     such service;
    |
0001|             <s>[D.]</s> <u>C.</u>  formulate detailed plans, make rules and
    |
0002|     regulations and take action deemed necessary or desirable to
    |
0003|     carry out the provisions of Chapter 27 NMSA 1978 and which is
    |
0004|     not inconsistent with the provisions of that chapter;
    |
0005|             <s>[E.]</s> <u>D.</u>  cooperate with the federal government in
    |
0006|     matters of mutual concern pertaining to public welfare and
    |
0007|     public assistance, including the adoption of such methods of
    |
0008|     administration as are found by the federal government to be
    |
0009|     necessary for the efficient operation of the plan for public
    |
0010|     welfare and assistance;
    |
0011|             <s>[F.]</s> <u>E.</u>  assist other departments, agencies and
    |
0012|     institutions of local, state and federal governments when so
    |
0013|     requested, cooperate with such agencies when expedient in
    |
0014|     performing services in conformity with the purposes of Chapter
    |
0015|     27 NMSA 1978 and cooperate with medical, health, nursing and
    |
0016|     welfare groups, any state agency charged with the
    |
0017|     administration of laws providing for vocational rehabilitation
    |
0018|     of physically handicapped persons and organizations within the
    |
0019|     state;
    |
0020|             <s>[G.]</s> <u>F.</u>  act as the agent of the federal
    |
0021|     government in welfare matters of mutual concern in conformity
    |
0022|     with the provisions of Chapter 27 NMSA 1978 and in the
    |
0023|     administration of any federal funds granted to this state, to
    |
0024|     aid in furtherance of <s>[any such]</s> <u>those</u> functions of the
    |
0025|     state government;
    |
0001|             <s>[H.]</s> <u>G.</u>  establish <s>[in counties or in districts,
</s>    |
<s></s>0002| <s>    which may include two or more counties]</s> local units of
    |
0003|     administration <s>[to serve as agents of the department]</s>; <u>and</u>
    |
0004|             <s>[I.  at its discretion, establish local boards of
</s>    |
<s></s>0005| <s>    public welfare for such territory as it may see fit and by rule
</s>    |
<s></s>0006| <s>    and regulation prescribe the duties of the local board;
</s>    |
<s></s>0007| <s>            J.  administer such other public welfare functions as
</s>    |
<s></s>0008| <s>    may be assumed by the state after the effective date of this
</s>    |
<s></s>0009| <s>    section;
</s>    |
<s></s>0010| <s>            K.]</s> <u>H.</u>  carry on research and compile statistics
    |
0011|     relative to <s>[the entire]</s> public <s>[welfare program throughout
</s>    |
<s></s>0012| <s>    the state]</s> <u>assistance programs</u>, including <s>[all phases of]</s>
    |
0013|     dependency <s>[defectiveness, delinquency]</s> and related problems
    |
0014|     and develop plans in cooperation with other public and private
    |
0015|     agencies for the prevention as well as treatment of conditions
    |
0016|     giving rise to <u>the need for</u> public <s>[welfare problems]</s>
    |
0017|     <u>assistance programs</u>.
    |
0018|             <s>[L.  inspect and require reports from all private
</s>    |
<s></s>0019| <s>    institutions, boarding homes and agencies providing assistance,
</s>    |
<s></s>0020| <s>    care or other direct services to children who are crippled,
</s>    |
<s></s>0021| <s>    neglected, delinquent or dependent, the aged, blind, feeble-
</s>    |
<s></s>0022| <s>    minded and other dependent persons.
</s>    |
<s></s>0023| <s>        Nothing contained in this section shall be construed to
</s>    |
<s></s>0024| <s>    authorize the department to establish or prescribe standards or
</s>    |
<s></s>0025| <s>    regulations for or otherwise regulate programs or services to
</s>    |
<s></s>0001| <s>    children in group homes as defined in Section 9-8-13 NMSA
</s>    |
<s></s>0002| <s>    1978.]</s>"
    |
0003|         Section 25.  Section 27-1-3.1 NMSA 1978 (being Laws 1980,
    |
0004|     Chapter 83, Section 1) is amended to read:
    |
0005|         "27-1-3.1.  ACUTE CARE BED USAGE--FUNDING AUTHORIZATION.--
    |
0006|     The <s>[human services]</s> <u>workforce development</u> department is
    |
0007|     authorized to accept and use federal grants or matching funds
    |
0008|     for the purpose of reimbursement to certain rural hospitals for
    |
0009|     using empty acute care beds for intermediate care and skilled
    |
0010|     nursing care, as defined in federal statutes and regulations,
    |
0011|     subject to federal approval and the availability of funds.  The
    |
0012|     department is authorized to use funds from existing
    |
0013|     appropriations for matching federal funds for the purposes of
    |
0014|     this <s>[act]</s> <u>section</u>."
    |
0015|         Section 26.  Section 27-1-3.1 NMSA 1978 (being Laws 1980,
    |
0016|     Chapter 83, Section 1, as amended and as further amended by
    |
0017|     Section 25 of this act) is repealed and a new Section 27-1-3.1
    |
0018|     NMSA 1978 is enacted to read:
    |
0019|         "27-1-3.1  [<u>NEW MATERIAL</u>]  ACUTE CARE BED USAGE--FUNDING
    |
0020|     AUTHORIZATION.--The department of health is authorized to
    |
0021|     accept and use federal grants or matching funds for the purpose
    |
0022|     of reimbursement to certain rural hospitals for using empty
    |
0023|     acute care beds for intermediate care and skilled nursing care,
    |
0024|     as defined in federal statutes and regulations, subject to
    |
0025|     federal approval and the availability of funds.  The department
    |
0001|     of health is authorized to use funds from existing
    |
0002|     appropriations for matching federal funds for the purposes of
    |
0003|     this act."
    |
0004|         Section 27.  Section 27-2-1 NMSA 1978 (being Laws 1973,
    |
0005|     Chapter 376, Section 1) is amended to read:
    |
0006|         "27-2-1.  SHORT TITLE.--Sections <s>[1 through 20 of this
</s>    |
<s></s>0007| <s>    act and Sections 13-1-9, 13-1-10, 13-1-12, 13-1-13, 13-1-17,
</s>    |
<s></s>0008| <s>    13-1-18, 13-1-18.1, 13-1-19, 13-1-20, 13-1-20.1, 13-1-21,
</s>    |
<s></s>0009| <s>    13-1-22, 13-1-27, 13-1-27.2, 13-1-27.3, 13-1-27.4, 13-1-28,
</s>    |
<s></s>0010| <s>    13-1-28.6, 13-1-29, 13-1-30, 13-1-34, 13-1-35, 13-1-37, 13-1-
</s>    |
<s></s>0011| <s>    39, 13-1-40, 13-1-41 and 13-1-42 NMSA 1953]</s> <u>27-2-1 through
</u>    |
<u></u>0012| <u>    27-2-36 NMSA 1978</u> may be cited as the "Public Assistance
    |
0013|     Act"." 
    |
0014|         Section 28.  Section 27-2-2 NMSA 1978 (being Laws 1973,
    |
0015|     Chapter 376, Section 2, as amended) is amended to read:
    |
0016|         "27-2-2.  DEFINITIONS.--As used in the Public Assistance
    |
0017|     Act:
    |
0018|             <s>[A.  "department" means the human services
</s>    |
<s></s>0019| <s>    department;
</s>    |
<s></s>0020| <s>            B.  "board" means the human services department;
</s>    |
<s></s>0021| <s>            C.]</s> <u>A.</u>  "director" means the secretary of <s>[human
</s>    |
<s></s>0022| <s>    services]</s> <u>workforce development</u>;
    |
0023|             <s>[D.]</s> <u>B.</u>  "local office" means the county or
    |
0024|     district office of the <s>[human services]</s> <u>workforce
</u>    |
<u></u>0025| <u>    development</u> department;
    |
0001|             <s>[E.]</s> <u>C.</u>  "public welfare" or "public assistance"
    |
0002|     means any aid or relief granted to or on behalf of an eligible
    |
0003|     person under the Public Assistance Act and regulations issued
    |
0004|     pursuant to that act;
    |
0005|             <s>[F.]</s> <u>D.</u>  "applicant" means a person who has
    |
0006|     applied for assistance or services under the Public Assistance
    |
0007|     Act;
    |
0008|             <s>[G.]</s> <u>E.</u>  "recipient" means a person who is
    |
0009|     receiving assistance or services under the Public Assistance
    |
0010|     Act;
    |
0011|             <s>[H.]</s> <u>F.</u>  "federal act" means the federal Social
    |
0012|     Security Act, as may be amended from time to time, and
    |
0013|     regulations issued pursuant to that act; and
    |
0014|             <s>[I.]</s> <u>G.</u>  "secretary" means the secretary of
    |
0015|     <s>[human services]</s> <u>workforce development</u>."
    |
0016|         Section 29.  Section 27-2-5 NMSA 1978 (being Laws 1973,
    |
0017|     Chapter 376, Section 5, as amended) is amended to read:
    |
0018|         "27-2-5.  AMOUNT OF GRANT.--
    |
0019|             A.  The amount of an eligible person's maximum grant
    |
0020|     of public assistance is determined by deducting the total
    |
0021|     amount of his nonexempt income from the applicable standard of
    |
0022|     need.  However, if the amount of federal and state funds
    |
0023|     available for public assistance is insufficient to provide the
    |
0024|     grants for all eligible persons, the amount of grants to
    |
0025|     eligible persons may be reduced as necessary.
    |
0001|             B.  The secretary <s>[of human services]</s> may set
    |
0002|     individual and family maximum and minimum grant levels for each
    |
0003|     program."
    |
0004|         Section 30.  Section 27-2-6.1 NMSA 1978 (being Laws 1978,
    |
0005|     Chapter 30, Section 1) is amended to read:
    |
0006|         "27-2-6.1.  SUPPLEMENTAL POSTNATAL ASSISTANCE.--The
    |
0007|     <s>[health and social services]</s> department shall establish a
    |
0008|     program of supplemental postnatal assistance for those
    |
0009|     <s>[mentally retarded]</s> <u>developmentally disabled</u> persons who
    |
0010|     during pregnancy received aid to families with dependent
    |
0011|     children but whose aid was revoked upon relinquishment of the
    |
0012|     newly born child for adoption.  The supplemental postnatal
    |
0013|     assistance provided for in this section shall be at the same
    |
0014|     rate as aid to families with dependent children, but <s>[such]</s>
    |
0015|     supplemental postnatal assistance shall not exceed a period of
    |
0016|     sixty days.  The <s>[health and social services department]</s>
    |
0017|     <u>secretary</u> shall <u>adopt and</u> promulgate rules and regulations
    |
0018|     <s>[in order]</s> to carry out the provisions of this section."
    |
0019|         Section 31.  Section 27-2-6.2 NMSA 1978 (being Laws 1988,
    |
0020|     Chapter 122, Section 1) is amended to read:
    |
0021|         "27-2-6.2.  PUBLIC ASSISTANCE--EMPLOYMENT AND TRAINING
    |
0022|     REQUIREMENTS.--
    |
0023|             A.  In the administration of all <s>[food stamp
</s>    |
<s></s>0024| <s>    employment and training programs, community work experience
</s>    |
<s></s>0025| <s>    programs, work incentive demonstration programs for recipients
</s>    |
<s></s>0001| <s>    of aid to families with dependent children and all other]</s> work
    |
0002|     registration, work incentive or employment and training
    |
0003|     programs established or conducted by the <s>[human services]</s>
    |
0004|     department, participation of recipients shall be voluntary
    |
0005|     except as prohibited by federal law or when mandatory par-
    |
0006|     
    |
0007|     ticipation is a requirement in order to secure federal funding
    |
0008|     for services provided.
    |
0009|             B.  Any waiver requests developed and submitted to the
    |
0010|     federal government by the <s>[human services]</s> department for
    |
0011|     <s>[food stamp employment and training programs, community work
</s>    |
<s></s>0012| <s>    experience programs, work incentive demonstration programs for
</s>    |
<s></s>0013| <s>    recipients of aid to families with dependent children and all
</s>    |
<s></s>0014| <s>    other]</s> work registration, work incentive or employment,
    |
0015|     education and training programs shall include a voluntary
    |
0016|     program and may also include a mandatory alternative.
    |
0017|             C.  The <s>[human services]</s> department shall <u>adopt
</u>    |
<u></u>0018| <u>    and</u> promulgate regulations <s>[which]</s> <u>that</u> shall be published
    |
0019|     and made available for public notice and comment <s>[which]</s>.
    |
0020|     <u>The regulations shall</u> detail the criteria for mandatory
    |
0021|     participation and exemptions in accordance with federal law and
    |
0022|     regulations for persons in work, education, training, job
    |
0023|     search and work experience programs administered by the <s>[human
</s>    |
<s></s>0024| <s>    services]</s> department prior to their implementation.
    |
0025|             D.  The <s>[human services]</s> department shall not place
    |
0001|     persons in any community work experience or similar program
    |
0002|     unless:
    |
0003|                 (1)  appropriate standards for health, safety and
    |
0004|     other conditions applicable to the performance of work are met;
    |
0005|                 (2)  the program does not result in displacement
    |
0006|     of persons currently employed; and
    |
0007|                 (3)  provision is made for transportation, day
    |
0008|     care and other costs necessary and directly related to
    |
0009|     participation in the program."
    |
0010|         Section 32.  Section 27-2-9.1 NMSA 1978 (being Laws 1979,
    |
0011|     Chapter 401, Section 1, as amended) is amended to read:
    |
0012|         "27-2-9.1.  ADMINISTRATION OF SHELTER CARE SUPPLEMENT.--
    |
0013|             A.  A shelter care supplement shall be provided to
    |
0014|     those individuals who are recipients of supplemental security
    |
0015|     income under Title 16 of the federal Social Security Act and
    |
0016|     who reside in shelter care homes licensed pursuant to
    |
0017|     regulations of the <s>[health and environment]</s> department <u>of
</u>    |
<u></u>0018| <u>    health</u>.
    |
0019|             B.  The <s>[human services]</s> <u>workforce development</u>
    |
0020|     department is authorized to determine eligibility, compute
    |
0021|     payment, make payments and otherwise administer the shelter
    |
0022|     care supplement program.
    |
0023|             C.  The amount of the shelter care supplement payment
    |
0024|     shall be established by the secretary <s>[of human services]</s>
    |
0025|     subject to the availability of general funds."
    |
0001|         Section 33.  Section 27-2-12 NMSA 1978 (being Laws 1973,
    |
0002|     Chapter 376, Section 16, as amended) is amended to read:
    |
0003|         "27-2-12.  MEDICAL ASSISTANCE PROGRAMS.--Consistent with
    |
0004|     the federal act and subject to the appropriation and
    |
0005|     availability of federal and state funds, the medical assistance
    |
0006|     division of the <s>[human services]</s> department may by regulation
    |
0007|     provide medical assistance, including the services of licensed
    |
0008|     doctors of oriental medicine and licensed chiropractors, to
    |
0009|     persons eligible for public assistance programs under the
    |
0010|     federal act."
    |
0011|         Section 34.  Section 27-2-12 NMSA 1978 (being Laws 1973,
    |
0012|     Chapter 376, Section 16, as amended and as further amended by
    |
0013|     Section 33 of this act) is repealed and a new Section 27-2-12
    |
0014|     NMSA 1978 is enacted to read:
    |
0015|         "27-2-12.  [<u>NEW MATERIAL</u>]  MEDICAL ASSISTANCE PROGRAMS.-
    |
0016|     -
    |
0017|     Consistent with the federal act and subject to the
    |
0018|     appropriation and availability of federal and state funds, the
    |
0019|     department of health may by regulation provide medical
    |
0020|     assistance, including the services of licensed doctors of
    |
0021|     oriental medicine and licensed chiropractors, to persons
    |
0022|     eligible for public assistance programs under the federal act."
    |
0023|         Section 35.  Section 27-2-12.3 NMSA 1978 (being Laws 1987,
    |
0024|     Chapter 269, Section 1, as amended) is amended to read:
    |
0025|         "27-2-12.3.  MEDICAID REIMBURSEMENT--EQUAL PAY FOR EQUAL
    |
0001|     PHYSICIANS', DENTISTS', OPTOMETRISTS', PODIATRISTS' AND
    |
0002|     PSYCHOLOGISTS' SERVICES.--The <s>[human services]</s> department
    |
0003|     shall establish a rate for the reimbursement of physicians,
    |
0004|     dentists, optometrists, podiatrists and psychologists for
    |
0005|     services rendered to medicaid patients that provides equal
    |
0006|     reimbursement for the same or similar services rendered without
    |
0007|     respect to the date on which such physician, dentist,
    |
0008|     optometrist, podiatrist or psychologist entered into practice
    |
0009|     in New Mexico, the date on which the physician, dentist,
    |
0010|     optometrist, podiatrist or psychologist entered into an
    |
0011|     agreement or contract to provide such services or the location
    |
0012|     in which such services are to be provided in the state;
    |
0013|     provided, however, that the requirements of this section shall
    |
0014|     not apply when the <s>[human services]</s> department contracts with
    |
0015|     entities pursuant to Section 27-2-12.6 NMSA 1978 to negotiate a
    |
0016|     rate for the reimbursement for services rendered to medicaid
    |
0017|     patients in the medicaid managed care system."
    |
0018|         Section 36.  Section 27-2-12.3 NMSA 1978 (being Laws 1987,
    |
0019|     Chapter 269, Section 1, as amended and as further amended by
    |
0020|     Section 35 of this act) is repealed and a new Section 27-2-12.3
    |
0021|     NMSA 1978 is enacted to read:
    |
0022|         "27-2-12.3.  [<u>NEW MATERIAL</u>]  MEDICAID REIMBURSEMENT--
    |
0023|     EQUAL PAY FOR EQUAL PHYSICIANS', DENTISTS', OPTOMETRISTS',
    |
0024|     PODIATRISTS' AND PSYCHOLOGISTS' SERVICES.--The department of
    |
0025|     health shall establish a rate for the payment of physicians,
    |
0001|     dentists, optometrists, podiatrists and psychologists for
    |
0002|     services rendered to medicaid patients that provides equal
    |
0003|     payment for the same or similar services rendered without
    |
0004|     respect to the date on which the physician, dentist,
    |
0005|     optometrist, podiatrist or psychologist entered into practice
    |
0006|     in New Mexico, the date on which the physician, dentist,
    |
0007|     optometrist, podiatrist or psychologist entered into an
    |
0008|     agreement or contract to provide the services or the location
    |
0009|     in which the services are provided in the state, but the
    |
0010|     requirements of this section shall not apply when the
    |
0011|     department of health contracts with entities pursuant to
    |
0012|     Section 27-2-12.6 NMSA 1978 to pay for services rendered to
    |
0013|     medicaid patients in the medicaid managed care system."
    |
0014|         Section 37.  Section 27-2-12.4 NMSA 1978 (being Laws 1987,
    |
0015|     Chapter 214, Section 1) is amended to read:
    |
0016|         "27-2-12.4.  LONG-TERM CARE FACILITIES--NONCOMPLIANCE WITH
    |
0017|     STANDARDS AND CONDITIONS--SANCTIONS.--
    |
0018|             A.  In addition to any other actions required or
    |
0019|     permitted by federal law or regulation, the <s>[human services]</s>
    |
0020|     department shall impose a hold on state medicaid payments to a
    |
0021|     long-term care facility thirty days after the <u>department of</u>
    |
0022|     health <s>[and environment department]</s> notifies the <s>[human
</s>    |
<s></s>0023| <s>    services]</s> department in writing pursuant to an on-site visit
    |
0024|     that the long-term care facility is not in substantial
    |
0025|     compliance with the standards or conditions of participation
    |
0001|     promulgated by the federal department of health and human
    |
0002|     services pursuant to which the facility is a party to a
    |
0003|     medicaid provider agreement, unless the substantial noncom-
    |
0004|     
    |
0005|     pliance has been corrected within that thirty-day period or the
    |
0006|     facility's medicaid provider agreement is terminated or not
    |
0007|     renewed based in whole or in part on the noncompliance.  The
    |
0008|     written notice shall cite the specific deficiencies that
    |
0009|     constitute noncompliance.
    |
0010|             B.  The <s>[human services]</s> department shall remove the
    |
0011|     payment hold imposed under Subsection A of this section when
    |
0012|     the <u>department of</u> health <s>[and environment department]</s>,
    |
0013|     pursuant to an on-site visit, certifies in writing to the
    |
0014|     <s>[human services]</s> department that the long-term care facility
    |
0015|     is in substantial compliance with the standards or conditions
    |
0016|     of participation pursuant to which the facility is a party to a
    |
0017|     medicaid provider agreement.
    |
0018|             C.  The <s>[human services]</s> department shall not
    |
0019|     reimburse any long-term care facility during the payment hold
    |
0020|     period imposed pursuant to Subsection A of this section for any
    |
0021|     medicaid recipient-patients who are new admissions and who are
    |
0022|     admitted on or after the day the hold is imposed and prior to
    |
0023|     the day the hold is removed.
    |
0024|             D.  If a long-term care facility is certified in
    |
0025|     writing to be in noncompliance pursuant to Subsection A of this
    |
0001|     section for the second time in any twelve-month period, the
    |
0002|     <s>[human services]</s> department shall cancel or refuse to execute
    |
0003|     the long-term care facility's medicaid provider agreement for a
    |
0004|     two-month period, unless it can be demonstrated that harm to
    |
0005|     the patients would result from this action or that good cause
    |
0006|     exists to allow the facility to continue to participate in the
    |
0007|     medicaid program.  The provisions of this subsection are
    |
0008|     subject to appeal procedures set forth in federal regulations
    |
0009|     for nonrenewal or termination of a medicaid provider agreement.
    |
0010|             E.  A long-term care facility shall not charge
    |
0011|     medicaid recipient-patients, their families or their
    |
0012|     responsible parties to recoup any payments not received because
    |
0013|     of a hold on medicaid payments imposed pursuant to this
    |
0014|     section.
    |
0015|             F.  This section <s>[shall not be construed to]</s> <u>does
</u>    |
<u></u>0016| <u>    not</u> affect any other provisions for medicaid provider
    |
0017|     agreement termination, nonrenewal, due process and appeal
    |
0018|     pursuant to federal law or regulation.
    |
0019|             G.  As used in this section:
    |
0020|                 (1)  "day" means a twenty-four hour period
    |
0021|     beginning at midnight and ending one second before midnight;
    |
0022|                 (2)  "long-term care facility" means any
    |
0023|     intermediate care facility or skilled nursing facility
    |
0024|     <s>[which]</s> <u>that</u> is licensed by the <u>department of</u> health
    |
0025|     <s>[and environment department]</s> and <s>[which]</s> <u>that</u> is medicaid
    |
0001|     certified;
    |
0002|                 (3)  "new admissions" means medicaid recipients
    |
0003|     who have never been in the long-term care facility or, if
    |
0004|     previously admitted, had been discharged or had voluntarily
    |
0005|     left the facility.  The term does not include:
    |
0006|                     (a)  individuals who were in the long-term
    |
0007|     care facility before the effective date of the hold on medicaid
    |
0008|     payments and became eligible for medicaid after that date; and
    |
0009|                     (b)  individuals who, after a temporary
    |
0010|     absence from the facility, are readmitted to beds reserved for
    |
0011|     them in accordance with federal regulations; and
    |
0012|                 (4)  "substantial compliance" means the condition
    |
0013|     of having no cited deficiencies or having only those cited
    |
0014|     deficiencies <s>[which]</s> <u>that</u>:
    |
0015|                     (a)  are not inconsistent with any federal
    |
0016|     statutory requirement;
    |
0017|                     (b)  do not interfere with adequate patient
    |
0018|     care;
    |
0019|                     (c)  do not represent a hazard to the
    |
0020|     patients' health or safety;
    |
0021|                     (d)  are capable of correction within a
    |
0022|     reasonable period of time; and
    |
0023|                     (e)  are ones <s>[which]</s> <u>that</u> the long-term
    |
0024|     care facility is making reasonable plans to correct."
    |
0025|         Section 38.  Section 27-2-12.4 NMSA 1978 (being Laws 1987,
    |
0001|     Chapter 214, Section 1, as amended and as further amended by
    |
0002|     Section 37 of this act) is repealed and a new Section 27-2-12.4
    |
0003|     NMSA 1978 is enacted to read:
    |
0004|         "27-2-12.4.  [<u>NEW MATERIAL</u>]  LONG-TERM CARE FACILITIES--
    |
0005|     NONCOMPLIANCE WITH STANDARDS AND CONDITIONS--SANCTIONS.--
    |
0006|             A.  In addition to any other actions required or
    |
0007|     permitted by federal law or regulation, the department of
    |
0008|     health shall impose a hold on state medicaid payments to a
    |
0009|     long-term care facility thirty days after the department of
    |
0010|     health notifies the long-term care facility in writing pursuant
    |
0011|     to an on-site visit that the long-term care facility is not in
    |
0012|     substantial compliance with the standards or conditions of
    |
0013|     participation promulgated by the federal department of health
    |
0014|     and human services pursuant to which the facility is a party to
    |
0015|     a medicaid provider agreement, unless the substantial
    |
0016|     noncompliance has been corrected within that thirty-day period
    |
0017|     or the facility's medicaid provider agreement is terminated or
    |
0018|     not renewed based in whole or in part on the noncompliance. 
    |
0019|     The written notice shall cite the specific deficiencies that
    |
0020|     constitute noncompliance.
    |
0021|             B.  The department of health shall remove the payment
    |
0022|     hold imposed under Subsection A of this section when the
    |
0023|     department of health pursuant to an on-site visit certifies in
    |
0024|     writing that the long-term care facility is in substantial
    |
0025|     compliance with the standards or conditions of participation
    |
0001|     pursuant to which the facility is a party to a medicaid
    |
0002|     provider agreement.
    |
0003|             C.  The department of health shall not reimburse any
    |
0004|     long-term care facility during the payment hold period imposed
    |
0005|     pursuant to Subsection A of this section for any medicaid
    |
0006|     recipient-patients who are new admissions and who are admitted
    |
0007|     on or after the day the hold is imposed and prior to the day
    |
0008|     the hold is removed.
    |
0009|             D.  If a long-term care facility is certified in
    |
0010|     writing to be in noncompliance pursuant to Subsection A of this
    |
0011|     section for the second time in any twelve-month period, the
    |
0012|     department of health shall cancel or refuse to execute the
    |
0013|     long-term care facility's medicaid provider agreement for a
    |
0014|     two-month period, unless it can be demonstrated that harm to
    |
0015|     the patients would result from this action or that good cause
    |
0016|     exists to allow the facility to continue to participate in the
    |
0017|     medicaid program.  The provisions of this subsection are
    |
0018|     subject to appeal procedures set forth in federal regulations
    |
0019|     for nonrenewal or termination of a medicaid provider agreement.
    |
0020|             E.  A long-term care facility shall not charge
    |
0021|     medicaid recipient-patients, their families or their
    |
0022|     responsible parties to recoup any payments not received because
    |
0023|     of a hold on medicaid payments imposed pursuant to this
    |
0024|     section.
    |
0025|             F.  This section shall not be construed to affect any
    |
0001|     other provisions for medicaid provider agreement termination,
    |
0002|     nonrenewal, due process and appeal pursuant to federal law or
    |
0003|     regulation.
    |
0004|             G.  As used in this section:
    |
0005|                  (1)  "day" means a twenty-four hour period
    |
0006|     beginning at midnight and ending one second before midnight;
    |
0007|                  (2)  "long-term care facility" means any
    |
0008|     intermediate care facility or skilled nursing facility that is
    |
0009|     licensed by the department of health and that is medicaid
    |
0010|     certified;
    |
0011|                  (3)  "new admissions" means medicaid recipients
    |
0012|     who have never been in the long-term care facility or, if
    |
0013|     previously admitted, had been discharged or had voluntarily
    |
0014|     left the facility.  The term does not include:
    |
0015|                       (a)  individuals who were in the long-term
    |
0016|     care facility before the effective date of the hold on medicaid
    |
0017|     payments and became eligible for medicaid after that date; and 
    |
0018|                       (b)  individuals who, after a temporary
    |
0019|     absence from the facility, are readmitted to beds reserved for
    |
0020|     them in accordance with federal regulations; and
    |
0021|                  (4)  "substantial compliance" means the
    |
0022|     condition of having no cited deficiencies or having only those
    |
0023|     cited deficiencies that:
    |
0024|                       (a)  are not inconsistent with any federal
    |
0025|     statutory requirement;
    |
0001|                       (b)  do not interfere with adequate
    |
0002|     patient care;
    |
0003|                       (c)  do not represent a hazard to the
    |
0004|     patients' health or safety;
    |
0005|                       (d)  are capable of correction within a
    |
0006|     reasonable period of time; and
    |
0007|                       (e)  are ones that the long-term care
    |
0008|     facility is making reasonable plans to correct."
    |
0009|         Section 39.  Section 27-2-12.5 NMSA 1978 (being Laws
    |
0010|     1989, Chapter 83, Section 1, as amended) is amended to read:
    |
0011|         "27-2-12.5.  MEDICAID-CERTIFIED NURSING FACILITIES--
    |
0012|     RETROACTIVE ELIGIBILITY--REFUNDS--PENALTY.--
    |
0013|              A.  Medicaid payment for a medicaid-eligible patient
    |
0014|     shall be accepted by a medicaid-certified nursing facility from
    |
0015|     the first month of medicaid eligibility, regardless of whether
    |
0016|     the eligibility is retroactive.  The nursing facility shall
    |
0017|     refund to the patient or responsible party all out-of-pocket
    |
0018|     money except for required medical-care credits paid to the
    |
0019|     nursing facility for that patient's care on and after the date
    |
0020|     of medicaid eligibility for services covered by the medicaid
    |
0021|     program.  Within thirty days after notification by the <s>[human
</s>    |
<s></s>0022| <s>    services]</s> department of the patient's medicaid eligibility,
    |
0023|     the nursing facility shall make any necessary refund to the
    |
0024|     patient or responsible party required under this section.
    |
0025|              B.  In any cause of action brought against a nursing
    |
0001|     facility because of its failure to make a refund to the patient
    |
0002|     or responsible party as required under Subsection A of this
    |
0003|     section, the patient or responsible party may be awarded triple
    |
0004|     the amount of the money not refunded or three hundred dollars
    |
0005|     ($300), whichever is greater, and reasonable <s>[attorneys']</s>
    |
0006|     <u>attorney</u> fees and court costs."
    |
0007|         Section 40.  Section 27-2-12.5 NMSA 1978 (being Laws
    |
0008|     1989, Chapter 83, Section 1, as amended and as further amended
    |
0009|     by Section 39 of this act) is repealed and a new Section
    |
0010|     27-2-12.5 NMSA 1978 is enacted to read:
    |
0011|         "27-2-12.5.  [<u>NEW MATERIAL</u>]  MEDICAID-CERTIFIED NURSING
    |
0012|     FACILITIES-- RETROACTIVE ELIGIBILITY--REFUNDS--PENALTY.--
    |
0013|              A.  Medicaid payment for a medicaid-eligible patient
    |
0014|     shall be accepted by a medicaid-certified nursing facility from
    |
0015|     the first month of medicaid eligibility, regardless of whether
    |
0016|     the eligibility is retroactive.  The nursing facility shall
    |
0017|     refund to the patient or responsible party all out-of-pocket
    |
0018|     money except for required medical-care credits paid to the
    |
0019|     nursing facility for that patient's care on and after the date
    |
0020|     of medicaid eligibility for services covered by the medicaid
    |
0021|     program.  Within thirty days after notification by the
    |
0022|     department of health of the patient's medicaid eligibility, the
    |
0023|     nursing facility shall make any necessary refund to the patient
    |
0024|     or responsible party required under this section.
    |
0025|              B.  In any cause of action brought against a nursing
    |
0001|     facility because of its failure to make a refund to the patient
    |
0002|     or responsible party as required under Subsection A of this
    |
0003|     section, the patient or responsible party may be awarded triple
    |
0004|     the amount of the money not refunded or three hundred dollars
    |
0005|     ($300), whichever is greater, and reasonable attorney fees and
    |
0006|     court costs."
    |
0007|         Section 41.  Section 27-2-12.6 NMSA 1978 (being Laws
    |
0008|     1994, Chapter 62, Section 22, as amended) is repealed and a new
    |
0009|     Section 27-2-12.6 NMSA 1978 is enacted to read:
    |
0010|         "27-2-12.6.  [<u>NEW MATERIAL</u>]  MEDICAID PAYMENTS--MANAGED
    |
0011|     CARE.--
    |
0012|              A.  The department of health shall provide for a
    |
0013|     statewide, managed care system to provide cost-efficient,
    |
0014|     preventive, primary and acute care for medicaid recipients.
    |
0015|              B.  The managed care system shall ensure:
    |
0016|                  (1)  access to medically necessary services,
    |
0017|     particularly for medicaid recipients with chronic health
    |
0018|     problems;
    |
0019|                  (2)  to the extent practicable, maintenance of
    |
0020|     the rural primary care delivery infrastructure;
    |
0021|                  (3)  that the department of health's approach
    |
0022|     is consistent with national and state health care reform
    |
0023|     principles; and
    |
0024|                  (4)  to the maximum extent possible that
    |
0025|     medicaid-eligible individuals are not identified as such except
    |
0001|     as necessary for billing purposes.
    |
0002|              C.  The department of health may exclude nursing
    |
0003|     homes, intermediate care facilities for the mentally retarded,
    |
0004|     medicaid in-home and community-based waiver services and
    |
0005|     residential and community-based mental health services for
    |
0006|     children with serious emotional disorders from the provisions
    |
0007|     of this section."
    |
0008|         Section 42.  Section 27-2-16 NMSA 1978 (being Laws 1974,
    |
0009|     Chapter 31, Section 1, as amended) is amended to read:
    |
0010|         "27-2-16.  COMPLIANCE WITH FEDERAL LAW<u>--REIMBURSEMENT
</u>    |
<u></u>0011| <u>    FOR DRUG PRODUCTS</u>.--
    |
0012|              A.  Subject to the availability of state funds, the
    |
0013|     <s>[human services]</s> department may provide assistance to aged,
    |
0014|     blind or disabled individuals in the amounts consistent with
    |
0015|     federal law to enable the state to be eligible for medicaid
    |
0016|     funding.  Individuals shall be determined to be aged, blind or
    |
0017|     disabled according to regulations of the <s>[human services]</s>
    |
0018|     department.
    |
0019|              B.  If drug product selection is permitted by
    |
0020|     Section 26-3-3 NMSA 1978, reimbursement by the medicaid program
    |
0021|     shall be limited to the wholesale cost of the <s>[lesser]</s> <u>less</u>
    |
0022|     expensive therapeutic equivalent drug generally available in
    |
0023|     New Mexico plus a reasonable dispensing fee of at least three
    |
0024|     dollars sixty-five cents ($3.65)."
    |
0025|         Section 43.   Section 27-2-16 NMSA 1978 (being Laws 1974,
    |
0001|     Chapter 31, Section 1, as amended and as further amended by
    |
0002|     Section 42 of this act) is repealed and a new Section 27-2-16
    |
0003|     NMSA 1978 is enacted to read:
    |
0004|         "27-2-16.  [<u>NEW MATERIAL</u>]  COMPLIANCE WITH FEDERAL LAW-
    |
0005|     -REIMBURSEMENT FOR DRUG PRODUCTS.--
    |
0006|              A.  Subject to the availability of state funds, the
    |
0007|     department of health may provide assistance to aged, blind or
    |
0008|     disabled individuals in the amounts consistent with federal law
    |
0009|     to enable the state to be eligible for medicaid funding. 
    |
0010|     Individuals shall be determined to be aged, blind or disabled
    |
0011|     according to regulations of the department of health.
    |
0012|              B.  If drug product selection is permitted by
    |
0013|     Section 26-3-3 NMSA 1978, reimbursement by the medicaid program
    |
0014|     shall be limited to the wholesale cost of the less expensive
    |
0015|     therapeutic equivalent drug generally available in New Mexico
    |
0016|     plus a reasonable dispensing fee of at least three dollars
    |
0017|     sixty-five cents ($3.65)."
    |
0018|         Section 44.  Section 27-2-23 NMSA 1978 (being Laws 1969,
    |
0019|     Chapter 232, Section 1) is amended to read:
    |
0020|         "27-2-23.  THIRD PARTY LIABILITY.--
    |
0021|              A.  The <s>[health and social services]</s> department
    |
0022|     shall make reasonable efforts to ascertain any legal liability
    |
0023|     of third parties who are or may be liable to pay all or part of
    |
0024|     the medical cost of injury, disease or disability of an
    |
0025|     applicant <u>for</u> or recipient of medical assistance <u>under
</u>    |
<u></u>0001| <u>    Chapter 27 NMSA 1978</u>.
    |
0002|              B.  When the department makes medical assistance
    |
0003|     payments <s>[in]</s> <u>on</u> behalf of a recipient, the department is
    |
0004|     subrogated to any right of the recipient against a third party
    |
0005|     for recovery of medical expenses to the extent that the
    |
0006|     department has made payment."
    |
0007|         Section 45.  Section 27-2-23 NMSA 1978 (being Laws 1969,
    |
0008|     Chapter 232, Section 1, as amended by Section 44 of this act)
    |
0009|     is repealed and a new Section 27-2-23 NMSA 1978 is enacted to
    |
0010|     read:
    |
0011|         "27-2-23.  [<u>NEW MATERIAL</u>]  THIRD-PARTY LIABILITY.--
    |
0012|              A.  The department of health shall make reasonable
    |
0013|     efforts to ascertain any legal liability of third parties who
    |
0014|     are or may be liable to pay all or part of the medical cost of
    |
0015|     injury, disease or disability of an applicant or recipient of
    |
0016|     medical assistance.
    |
0017|              B.  When the department of health makes medical
    |
0018|     assistance payments on behalf of a recipient, the department of
    |
0019|     health is subrogated to any right of the recipient against a
    |
0020|     third party for recovery of medical expenses to the extent that
    |
0021|     the department of health has made payment."
    |
0022|         Section 46.  Section 27-2-25 NMSA 1978 (being Laws 1937,
    |
0023|     Chapter 18, Section 11j, as amended) is amended to read:
    |
0024|         "27-2-25.  FUNERAL EXPENSES.--
    |
0025|              A.  On the death of:
    |
0001|                  (1)  a recipient of financial assistance under
    |
0002|     Section <s>[13-17-9 or Section 13-17-10 NMSA 1953]</s> <u>27-2-6 or
</u>    |
<u></u>0003| <u>    27-2-7 NMSA 1978</u> or under the federal supplemental security
    |
0004|     income program; or
    |
0005|                  (2)  an individual living in a nursing home or
    |
0006|     an intermediate care facility, the payment for whose care is
    |
0007|     made in whole or in part pursuant to Title 19 of the federal
    |
0008|     act;
    |
0009|     funeral expenses up to two hundred dollars ($200) shall be paid
    |
0010|     by the <s>[health and social services]</s> department if the de-
    |
0011|     
    |
0012|     ceased's available resources, as defined by regulation of the
    |
0013|     <s>[board]</s> <u>department</u>, are insufficient to pay the funeral ex-
    |
0014|     
    |
0015|     penses, the persons legally responsible for the support of the
    |
0016|     deceased are unable to pay the funeral expenses and no other
    |
0017|     person will undertake to pay <s>[said]</s> <u>those</u> expenses.
    |
0018|              B.  No payment shall be made by the department when
    |
0019|     resources available from all sources to pay the funeral
    |
0020|     expenses total six hundred dollars ($600) or more.  When the
    |
0021|     resources are less than six hundred dollars ($600), the
    |
0022|     department shall pay the difference between six hundred dollars
    |
0023|     ($600) and the resources, or two hundred dollars ($200),
    |
0024|     whichever is less."
    |
0025|         Section 47.  Section 27-2-28 NMSA 1978 (being Laws 1981,
    |
0001|     Chapter 90, Section 2, as amended) is amended to read:
    |
0002|         "27-2-28.  LIABILITY FOR REPAYMENT OF PUBLIC 
    |
0003|     ASSISTANCE.--
    |
0004|              A.  A noncustodial parent is liable to the <s>[human
</s>    |
<s></s>0005| <s>    services]</s> department in the amount of the public assistance
    |
0006|     lawfully and properly furnished to the children, and the spouse
    |
0007|     or former spouse with whom such children are living, to whom
    |
0008|     the noncustodial parent owes a duty of support; except that if
    |
0009|     a support order has been entered, liability for the time period
    |
0010|     covered by the support order shall not exceed the amount of
    |
0011|     support provided for in the order.
    |
0012|              B.  Amounts of support due and owing for periods
    |
0013|     prior to the granting of public assistance shall be paid to and
    |
0014|     retained by the <s>[human services]</s> department to the extent
    |
0015|     that the amount of assistance granted exceeds the amount of the
    |
0016|     monthly support obligation.
    |
0017|              C.  Amounts of support collected that are in excess
    |
0018|     of the amounts specified in Subsections A and B of this section
    |
0019|     shall be paid by the <s>[human services]</s> department to the
    |
0020|     custodian of the child.
    |
0021|              D.  No agreement between any custodian of a child
    |
0022|     and a parent of that child, either relieving the parent of any
    |
0023|     duty of child or spousal support or responsibility or
    |
0024|     purporting to settle past, present or future support
    |
0025|     obligations, either as a settlement or prepayment, shall act to
    |
0001|     reduce or terminate any rights of the <s>[human services]</s>
    |
0002|     department to recover from that parent for support provided,
    |
0003|     unless the <s>[human services]</s> department has consented to the
    |
0004|     agreement in writing.
    |
0005|              E.  The noncustodial parent shall be given credit
    |
0006|     for any support actually provided, including housing, clothing,
    |
0007|     food or funds paid prior to the entry of any order for support. 
    |
0008|     The noncustodial parent has the burden on the issue of any
    |
0009|     payment.
    |
0010|              F.  An application for public assistance by any
    |
0011|     person constitutes an assignment by operation of law of any
    |
0012|     support rights the person is entitled to from any other person,
    |
0013|     whether the support rights are owed to the applicant or to any
    |
0014|     family member for whom the applicant is applying for or
    |
0015|     receiving assistance.  The assignment includes all support
    |
0016|     rights that have accrued at the time of application for public
    |
0017|     assistance and continues as an assignment of all support rights
    |
0018|     the applicant is entitled to for as long as the applicant
    |
0019|     receives public assistance.
    |
0020|              G.  By operation of law, an assignment to the
    |
0021|     <s>[human services]</s> department of any and all rights of an
    |
0022|     applicant for or recipient of medical assistance under the
    |
0023|     medicaid program in New Mexico or supplemental security income
    |
0024|     through the social security administration:
    |
0025|                  (1)  is deemed to be made of:
    |
0001|                       (a)  any payment for medical care from any
    |
0002|     person, firm or corporation, including an insurance carrier;
    |
0003|     and
    |
0004|                       (b)  any recovery for personal injury,
    |
0005|     whether by judgment or contract for compromise or settlement;
    |
0006|                  (2)  shall be effective to the extent of the
    |
0007|     amount of medical assistance actually paid by the department
    |
0008|     under the medicaid program; and
    |
0009|                  (3)  shall be effective as to the rights of any
    |
0010|     other individuals who are eligible for medical assistance and
    |
0011|     whose rights can legally be assigned by the applicant or
    |
0012|     recipient.
    |
0013|              <u>H.</u>  An applicant or recipient is required to
    |
0014|     cooperate fully with the <s>[human services]</s> department in its
    |
0015|     efforts to secure the assignment and to execute and deliver any
    |
0016|     instruments and papers deemed necessary to complete the
    |
0017|     assignment by <s>[that]</s> <u>the</u> department."
    |
0018|         Section 48.  Section 27-2-28 NMSA 1978 (being Laws 1981,
    |
0019|     Chapter 90, Section 2, as amended and as further amended by
    |
0020|     Section 47 of this act) is repealed and a new Section 27-2-28
    |
0021|     NMSA 1978 is enacted to read:
    |
0022|         "27-2-28.  [<u>NEW MATERIAL</u>]  LIABILITY FOR REPAYMENT OF
    |
0023|     PUBLIC ASSISTANCE.--
    |
0024|              A.  A noncustodial parent is liable to the
    |
0025|     department of health and the workforce development department
    |
0001|     in the amount of the public assistance lawfully and properly
    |
0002|     furnished to the children, and the spouse or former spouse with
    |
0003|     whom such children are living, to whom the noncustodial parent
    |
0004|     owes a duty of support; except that if a support order has been
    |
0005|     entered, liability for the time period covered by the support
    |
0006|     order shall not exceed the amount of support provided for in
    |
0007|     the order.
    |
0008|              B.  Amounts of support due and owing for periods
    |
0009|     prior to the granting of public assistance shall be paid to and
    |
0010|     retained by the department of health or the workforce
    |
0011|     development department to the extent that the amount of
    |
0012|     assistance granted by such department exceeds the amount of the
    |
0013|     monthly support obligation.
    |
0014|              C.  Amounts of support collected that are in excess
    |
0015|     of the amounts specified in Subsections A and B of this section
    |
0016|     shall be paid by the workforce development department or
    |
0017|     department of health to the custodian of the child.
    |
0018|              D.  No agreement between any custodian of a child
    |
0019|     and a parent of that child, either relieving the parent of any
    |
0020|     duty of child or spousal support or responsibility or
    |
0021|     purporting to settle past, present or future support
    |
0022|     obligations, either as a settlement or prepayment, shall act to
    |
0023|     reduce or terminate any rights of the workforce development
    |
0024|     department or department of health to recover from that parent
    |
0025|     for support provided unless the workforce development
    |
0001|     department or department of health has consented to the
    |
0002|     agreement in writing.
    |
0003|              E.  The noncustodial parent shall be given credit
    |
0004|     for any support actually provided, including housing, clothing,
    |
0005|     food or funds paid prior to the entry of any order for support. 
    |
0006|     The noncustodial parent has the burden on the issue of any
    |
0007|     payment.
    |
0008|              F.  An application for public assistance by any
    |
0009|     person constitutes an assignment by operation of law of any
    |
0010|     support rights the person is entitled to from any other person,
    |
0011|     whether the support rights are owed to the applicant or to any
    |
0012|     family member for whom the applicant is applying for or
    |
0013|     receiving assistance.  The assignment includes all support
    |
0014|     rights that have accrued at the time of application for public
    |
0015|     assistance and continues as an assignment of all support rights
    |
0016|     the applicant is entitled to for as long as the applicant
    |
0017|     receives public assistance.
    |
0018|              G.  By operation of law, an assignment to the
    |
0019|     department of health of any and all rights of an applicant for
    |
0020|     or recipient of medical assistance under the medicaid program
    |
0021|     in New Mexico or supplemental security income through the
    |
0022|     social security administration:
    |
0023|                  (1)  is deemed to be made of:
    |
0024|                       (a)  any payment for medical care from any
    |
0025|     person, firm or corporation, including an insurance carrier;
    |
0001|     and
    |
0002|                       (b)  any recovery for personal injury,
    |
0003|     whether by judgment or contract for compromise or settlement;
    |
0004|                  (2)  shall be effective to the extent of the
    |
0005|     amount of medical assistance actually paid by the department of
    |
0006|     health under the medicaid program; and
    |
0007|                  (3)  shall be effective as to the rights of any
    |
0008|     other individuals who are eligible for medical assistance and
    |
0009|     whose rights can legally be assigned by the applicant or
    |
0010|     recipient.
    |
0011|              H.  An applicant or recipient is required to
    |
0012|     cooperate fully with the department of health in its efforts to
    |
0013|     secure the assignment and to execute and deliver any
    |
0014|     instruments and papers deemed necessary to complete the
    |
0015|     assignment by that department."
    |
0016|         Section 49.  Section 27-2-39 NMSA 1978 (being Laws 1980,
    |
0017|     Chapter 25, Section 3) is amended to read:
    |
0018|         "27-2-39.  DEFINITIONS.--As used in the AFDC Recipient
    |
0019|     Work Incentive Act:
    |
0020|              A.  "AFDC" means aid to families with dependent
    |
0021|     children, pursuant to the provisions of Section 27-2-6 NMSA
    |
0022|     1978;
    |
0023|              B.  "AFDC recipient" means a person who receives
    |
0024|     AFDC payments;
    |
0025|              C.  "caregiver" means a person eighteen years of age
    |
0001|     or older who is compensated for the direct care, supervision
    |
0002|     and guidance of children for less than a daily twenty-four hour
    |
0003|     period;
    |
0004|              D.  "child <s>[day-care]</s> <u>daycare</u> facility" means a
    |
0005|     child <s>[day-care]</s> <u>daycare</u> center or child <s>[day-care]</s>
    |
0006|     <u>daycare</u> home;   
    |
0007|         E.  "department" means the <s>[human services]</s> <u>workforce
</u>    |
<u></u>0008| <u>    development</u> department; and
    |
0009|              F.  "gainful employment" <u>means</u> working for
    |
0010|     remuneration for others, either full time or part time, or
    |
0011|     employment in one's own business or partnership."
    |
0012|         Section 50.  Section 27-2-43 NMSA 1978 (being Laws 1990,
    |
0013|     Chapter 93, Section 3) is amended to read:
    |
0014|         "27-2-43.  DEFINITIONS.--As used in the Indigent
    |
0015|     Catastrophic Illness Hospital Funding Act:
    |
0016|              A.  "department" means the <s>[human services]</s>
    |
0017|     <u>workforce development</u> department;
    |
0018|              B.  "fund" means the indigent catastrophic illness
    |
0019|     hospital fund;
    |
0020|              C.  "hospital" means any general or special hospital
    |
0021|     that is licensed by the <u>department of</u> health <s>[and
</s>    |
<s></s>0022| <s>    environment department]</s> and that has annual gross charges for
    |
0023|     medicare, medicaid and indigent patients greater than ten
    |
0024|     percent of the hospital's total annual gross charges; and
    |
0025|              D.  "medically indigent patient" means an individual
    |
0001|     who is a New Mexico resident who incurs hospital charges, who
    |
0002|     is not eligible for medicaid or medicare and whose family or
    |
0003|     household income does not exceed two hundred fifty percent of
    |
0004|     the federal poverty level."
    |
0005|         Section 51.  Section 27-2-43 NMSA 1978 (being Laws 1990,
    |
0006|     Chapter 93, Section 3, as amended by Section 50 of this act) is
    |
0007|     repealed and a new Section 27-2-43 NMSA 1978 is enacted to
    |
0008|     read:
    |
0009|         "27-2-43.  [<u>NEW MATERIAL</u>]  DEFINITIONS.--As used in the
    |
0010|     Indigent Catastrophic Illness Hospital Funding Act:
    |
0011|              A.  "department" means the department of health;
    |
0012|              B.  "fund" means the indigent catastrophic illness
    |
0013|     hospital fund;
    |
0014|              C.  "hospital" means any general or special hospital
    |
0015|     that is licensed by the department of health and that has
    |
0016|     annual gross charges for medicare, medicaid and indigent
    |
0017|     patients greater than ten percent of the hospital's total
    |
0018|     annual gross charges; and 
    |
0019|              D.  "medically indigent patient" means an individual
    |
0020|     who is a New Mexico resident who incurs hospital charges, who
    |
0021|     is not eligible for medicaid or medicare and whose family or
    |
0022|     household income does not exceed two hundred fifty percent of
    |
0023|     the federal poverty level."
    |
0024|         Section 52.  Section 27-2A-3 NMSA 1978 (being Laws 1994,
    |
0025|     Chapter 87, Section 3) is amended to read:
    |
0001|         "27-2A-3.  DEFINITIONS.--As used in the Medicaid Estate
    |
0002|     Recovery Act:
    |
0003|              A.  "department" means the <s>[human services]</s>
    |
0004|     <u>workforce development</u> department;
    |
0005|              B.  "estate" means real and personal property and
    |
0006|     other assets of the individual subject to probate or
    |
0007|     administration pursuant to the provisions of the Uniform
    |
0008|     Probate Code; and
    |
0009|              C.  "medical assistance" means amounts paid by the
    |
0010|     department as medical assistance pursuant to Title <s>[XIX]</s> <u>19</u>
    |
0011|     of the Social Security Act."
    |
0012|          Section 53.   Section 27-2A-3 NMSA 1978 (being Laws
    |
0013|     1994, Chapter 87, Section 3, as amended by Section 52 of this
    |
0014|     act) is repealed and a new Section 27-2A-3 NMSA 1978 is enacted
    |
0015|     to read:
    |
0016|         "27-2A-3.  DEFINITIONS.--
    |
0017|         As used in the Medicaid Estate Recovery Act:
    |
0018|              A.  "department" means the department of health;
    |
0019|              B.  "estate" means real and personal property and
    |
0020|     other assets of the individual subject to probate or
    |
0021|     administration pursuant to the provisions of the Uniform
    |
0022|     Probate Code; and
    |
0023|              C.  "medical assistance" means amounts paid by the
    |
0024|     department as medical assistance pursuant to Title 19 of the
    |
0025|     Social Security Act."
    |
0001|         Section 54.  Section 27-3-2 NMSA 1978 (being Laws 1973,
    |
0002|     Chapter 256, Section 2, as amended) is amended to read:
    |
0003|         "27-3-2.  DEFINITIONS.--As used in the Public Assistance
    |
0004|     Appeals Act:
    |
0005|              A.  "department" means the income support division <u>
</u>    |
<u></u>0006| <u>    of the workforce development department or</u> the medical
    |
0007|     assistance division <s>[or the social services division]</s> of the
    |
0008|     <s>[human services]</s> <u>workforce development</u> department of
    |
0009|     health;
    |
0010|              B.  "board" means the income support division <u>or</u>
    |
0011|     the medical assistance division <s>[or the social services
</s>    |
<s></s>0012| <s>    division]</s> of the <s>[human services]</s> <u>workforce development</u>
    |
0013|     department; and
    |
0014|              C.  "director" means the director of the income
    |
0015|     support division <u>or the director of</u> the medical assistance
    |
0016|     division <s>[or the social services division]</s> of the <s>[human
</s>    |
<s></s>0017| <s>    services]</s> <u>workforce development</u> department."
    |
0018|         Section 55.  Section 27-3-2 NMSA 1978 (being Laws 1973,
    |
0019|     Chapter 256, Section 2, as amended and as further amended by
    |
0020|     Section 54 of this act) is repealed and a new Section 27-3-2
    |
0021|     NMSA 1978 is enacted to read:
    |
0022|         "27-3-2.  [<u>NEW MATERIAL</u>]  DEFINITIONS.--As used in the
    |
0023|     Public Assistance Appeals Act:
    |
0024|              A.  "department" means the income support division
    |
0025|     of the workforce development department or the department of
    |
0001|     health in reference to the medical assistance program;
    |
0002|              B.  "board" means the income support division of
    |
0003|     the workforce development department or the department of
    |
0004|     health in reference to the medical assistance program; and
    |
0005|              C.  "director" means the director of the income
    |
0006|     support division of the workforce development department or the
    |
0007|     secretary of health."
    |
0008|         Section 56.  Section 27-4-2 NMSA 1978 (being Laws 1973,
    |
0009|     Chapter 311, Section 2, as amended) is amended to read:
    |
0010|         "27-4-2.  DEFINITIONS.--As used in the Special Medical
    |
0011|     Needs Act:
    |
0012|              A.  "department" <u>or "division"</u> means the income
    |
0013|     support division of the <s>[human services]</s> <u>workforce
</u>    |
<u></u>0014| <u>    development</u> department;
    |
0015|              B.  "board" means the <s>[income support]</s> division
    |
0016|     <s>[of the human services department]</s>;
    |
0017|              C.  "aged person" means one who has attained the age
    |
0018|     of sixty-five years and does not have a spouse financially
    |
0019|     able, according to regulations of the <s>[board]</s> <u>division</u>, to
    |
0020|     furnish support;
    |
0021|              D.  "disabled person" means one who has attained the
    |
0022|     age of eighteen years and is determined to be permanently and
    |
0023|     totally disabled, according to regulations of the <s>[board]</s>
    |
0024|     <u>division</u>; and
    |
0025|              E.  "blind person" means one who is determined to be
    |
0001|     blind according to regulations of the <s>[board]</s> <u>division</u>."
    |
0002|         Section 57.  Section 27-5-3 NMSA 1978 (being Laws 1965,
    |
0003|     Chapter 234, Section 3, as amended) is amended to read:
    |
0004|         "27-5-3.  PUBLIC ASSISTANCE PROVISIONS.--
    |
0005|              A.  A hospital shall not be paid from the <s>[county
</s>    |
<s></s>0006| <s>    indigent hospital claims]</s> fund under the Indigent Hospital and
    |
0007|     County Health Care Act for any costs of an indigent patient for
    |
0008|     services that have been determined by the <s>[human services]</s>
    |
0009|     department to be eligible for medicaid reimbursement from
    |
0010|     <s>[that]</s> <u>the</u> department.  However, nothing in the Indigent
    |
0011|     Hospital and County Health Care Act shall be construed to
    |
0012|     prevent the board from transferring money from the <s>[county
</s>    |
<s></s>0013| <s>    indigent hospital claims]</s> fund to the sole community provider
    |
0014|     fund or the county-supported medicaid fund for support of the
    |
0015|     state medicaid program.
    |
0016|              B.  No action for collection of claims under the
    |
0017|     Indigent Hospital and County Health Care Act shall be allowed
    |
0018|     against an indigent patient who is medicaid eligible for
    |
0019|     medicaid covered services, nor shall action be allowed against
    |
0020|     the person who is legally responsible for the care of the
    |
0021|     indigent patient during the time that person is medicaid
    |
0022|     eligible."
    |
0023|         Section 58.  Section 27-5-3 NMSA 1978 (being Laws 1965,
    |
0024|     Chapter 234, Section 3, as amended and as further amended by
    |
0025|     Section 57 of this act) is repealed and a new Section 27-5-3
    |
0001|     NMSA 1978 is enacted to read:
    |
0002|         "27-5-3.  [<u>NEW MATERIAL</u>]  PUBLIC ASSISTANCE
    |
0003|     PROVISIONS.--
    |
0004|              A.  A hospital shall not be paid from the fund
    |
0005|     pursuant to the Indigent Hospital and County Health Care Act
    |
0006|     for any costs of an indigent patient for services that have
    |
0007|     been determined by the department of health to be eligible for
    |
0008|     medicaid reimbursement from that department.  However, nothing
    |
0009|     in the Indigent Hospital and County Health Care Act prevents
    |
0010|     the board from transferring money from the fund to the sole
    |
0011|     community provider fund or the county-supported medicaid fund
    |
0012|     for support of the state medicaid program.
    |
0013|              B.  No action for collection of claims under the
    |
0014|     Indigent Hospital and County Health Care Act shall be allowed
    |
0015|     against an indigent patient who is medicaid eligible for
    |
0016|     medicaid covered services, nor shall action be allowed against
    |
0017|     the person who is legally responsible for the care of the
    |
0018|     indigent patient during the time that person is medicaid
    |
0019|     eligible."
    |
0020|         Section 59.  Section 27-5-4 NMSA 1978 (being Laws 1965,
    |
0021|     Chapter 234, Section 4, as amended) is amended to read:
    |
0022|         "27-5-4.  DEFINITIONS.--As used in the Indigent Hospital
    |
0023|     and County Health Care Act:
    |
0024|              A.  "ambulance provider" or "ambulance service"
    |
0025|     means a specialized carrier based within the state authorized
    |
0001|     under provisions and subject to limitations as provided in
    |
0002|     individual carrier certificates issued by the state corporation
    |
0003|     commission to transport persons alive, dead or dying en route
    |
0004|     by means of ambulance service.  The rates and charges
    |
0005|     established by state corporation commission tariff shall govern
    |
0006|     as to allowable cost.  Also included are air ambulance services
    |
0007|     approved by the board.  The air ambulance service charges shall
    |
0008|     be filed and approved pursuant to Subsection D of Section 27-5-
    |
0009|     6 NMSA 1978 and Section 27-5-11 NMSA 1978;
    |
0010|              B.  "board" means <s>[the]</s> <u>a</u> county indigent
    |
0011|     hospital and county health care board;
    |
0012|              C.  "indigent patient" means a person to whom an
    |
0013|     ambulance service, a hospital or a health care provider has
    |
0014|     provided medical care or ambulance transportation and who can
    |
0015|     normally support himself and his dependents on present income
    |
0016|     and liquid assets available to him but, taking into
    |
0017|     consideration this income and those assets and his requirement
    |
0018|     for other necessities of life for himself and his dependents,
    |
0019|     is unable to pay the cost of the ambulance transportation or
    |
0020|     medical care administered or both.  If provided by resolution
    |
0021|     of <s>[the]</s> <u>a</u> board, it shall not include any person whose
    |
0022|     annual income together with his spouse's annual income totals
    |
0023|     an amount that is fifty percent greater than the per capita
    |
0024|     personal income for New Mexico as shown for the most recent
    |
0025|     year available in the survey of current business published by
    |
0001|     the United States department of commerce.  Every board that has
    |
0002|     a balance remaining in the fund at the end of a given fiscal
    |
0003|     year shall consider and may adopt at the first meeting of the
    |
0004|     succeeding fiscal year a resolution increasing the standard for
    |
0005|     indigency.  The term "indigent patient" includes a minor who
    |
0006|     has received ambulance transportation or medical care or both
    |
0007|     and whose parent or the person having custody of that minor
    |
0008|     would qualify as an indigent patient if transported by
    |
0009|     ambulance or admitted to a hospital for care or treated by a
    |

0010|     health care provider or all three;
    |
0011|              D.  "hospital" means any general or limited hospital
    |
0012|     licensed by the department of health, whether nonprofit or
    |
0013|     owned by a political subdivision, and may include by resolution
    |
0014|     of <s>[the]</s> <u>a</u> board the following health facilities if
    |
0015|     licensed or, in the case of out-of-state hospitals, approved,
    |
0016|     by the department of health:
    |
0017|                  (l)  for-profit hospitals;
    |
0018|                  (2)  state-owned hospitals; or
    |
0019|                  (3)  licensed out-of-state hospitals where
    |
0020|     treatment provided is necessary for the proper care of an
    |
0021|     indigent patient when that care is not available in an in-state
    |
0022|     hospital;
    |
0023|              E.  "cost" means all allowable ambulance
    |
0024|     transportation or medical care costs, including the costs of

    |
0025|     prenatal care, to the extent determined by resolution of
    |
0001|     <s>[the]</s> <u>a</u> board, for an indigent patient.  Allowable costs
    |
0002|     shall be determined in accordance with a uniform system of
    |
0003|     accounting and cost analysis as determined by regulation of
    |
0004|     <s>[the]</s> <u>a</u> board, which includes cost of ancillary services
    |
0005|     but shall not include the cost of servicing long-term
    |
0006|     indebtedness of a hospital, health care provider or ambulance
    |
0007|     service;
    |
0008|              F.  "fund" means <s>[the]</s> <u>a</u> county indigent
    |
0009|     hospital claims fund;
    |
0010|              G.  "medicaid eligible" means a person who is
    |
0011|     eligible for medical assistance from the department;
    |
0012|              H.  "county" means any county except a class A
    |
0013|     county with a county hospital operated and maintained pursuant
    |
0014|     to a lease with a state educational institution named in
    |
0015|     Article 12, Section 11 of the constitution of New Mexico;
    |
0016|              I.  "department" means the <s>[human services]</s>
    |
0017|     <u>workforce development</u> department;
    |
0018|              J.  "sole community provider hospital" means a
    |
0019|     hospital that is a sole community provider hospital under the
    |
0020|     provisions of the federal medicare guidelines established in 42
    |
0021|     C.F.R. 412.92 pursuant to Title 18 of the federal Social
    |
0022|     Security Act;
    |
0023|              K.  "drug rehabilitation center" means an agency of
    |
0024|     local government, a state agency, a private nonprofit entity or
    |
0025|     combination thereof that operates drug abuse rehabilitation
    |
0001|     programs that meet the standards and requirements pursuant to
    |
0002|     the Drug Abuse Act;
    |
0003|              L.  "alcohol rehabilitation center" means an agency
    |
0004|     of local government, a state agency, a private nonprofit entity
    |
0005|     or combination thereof that operates alcohol abuse
    |
0006|     rehabilitation programs that meet the standards set by the
    |
0007|     department of health pursuant to the Alcoholism and Alcohol
    |
0008|     Abuse Prevention, Screening and Treatment Act;
    |
0009|              M.  "mental health center" means a not-for-profit
    |
0010|     center that provides outpatient mental health services that
    |
0011|     meet the standards set by the department of health pursuant to
    |
0012|     the Community Mental Health Services Act; and
    |
0013|              N.  "health care provider" means:
    |
0014|                  (1)  a nursing home;
    |
0015|                  (2) <u>an</u> in-state home health <s>[agencies]</s>
    |
0016|     <u>agency</u>;
    |
0017|                  (3)  an in-state licensed hospice;
    |
0018|                  (4)  a community-based health program operated
    |
0019|     by a political subdivision of the state or other nonprofit
    |
0020|     health organization that provides prenatal care delivered by
    |
0021|     New Mexico licensed, certified or registered health care
    |
0022|     practitioners;
    |
0023|                  (5)  a community-based health program operated
    |
0024|     by a political subdivision of the state or other nonprofit
    |
0025|     health care organization that provides primary care delivered
    |
0001|     by New Mexico licensed, certified or registered health care
    |
0002|     practitioners;
    |
0003|                  (6)  a drug rehabilitation center;
    |
0004|                  (7)  an alcohol rehabilitation center; or
    |
0005|                  (8)  a mental health center."
    |
0006|         Section 60.  Section 27-5-4 NMSA 1978 (being Laws 1965,
    |
0007|     Chapter 234, Section 4, as amended and as further amended by
    |
0008|     Section 59 of this act) is repealed and a new Section 27-5-4
    |
0009|     NMSA 1978 is enacted to read:
    |
0010|         "27-5-4.  [<u>NEW MATERIAL</u>]  DEFINITIONS.--As used in the
    |
0011|     Indigent Hospital and County Health Care Act:
    |
0012|              A.  "ambulance provider" or "ambulance service"
    |
0013|     means a specialized carrier based within the state authorized
    |
0014|     under provisions and subject to limitations as provided in
    |
0015|     individual carrier certificates issued by the state corporation
    |
0016|     commission to transport persons alive, dead or dying en route
    |
0017|     by means of ambulance service.  The rates and charges
    |
0018|     established by state corporation commission tariff shall govern
    |
0019|     as to allowable cost.  Also included are air ambulance services
    |
0020|     approved by the board.  The air ambulance service charges shall
    |
0021|     be filed and approved pursuant to Subsection D of Section 27-5-
    |
0022|     6 NMSA 1978 and Section 27-5-11 NMSA 1978;
    |
0023|              B.  "board" means a county indigent hospital and
    |
0024|     county health care board;
    |
0025|              C.  "indigent patient" means a person to whom an
    |
0001|     ambulance service, a hospital or a health care provider has
    |
0002|     provided medical care or ambulance transportation and who can
    |
0003|     normally support himself and his dependents on present income
    |
0004|     and liquid assets available to him but, taking into
    |
0005|     consideration this income and those assets and his requirement
    |
0006|     for other necessities of life for himself and his dependents,
    |
0007|     is unable to pay the cost of the ambulance transportation or
    |
0008|     medical care administered or both.  If provided by resolution
    |
0009|     of the board, it shall not include any person whose annual
    |
0010|     income together with his spouse's annual income totals an
    |
0011|     amount that is fifty percent greater than the per capita
    |
0012|     personal income for New Mexico as shown for the most recent
    |
0013|     year available in the survey of current business published by
    |
0014|     the United States department of commerce.  Every board that has
    |
0015|     a balance remaining in the fund at the end of a given fiscal
    |
0016|     year shall consider and may adopt at the first meeting of the
    |
0017|     succeeding fiscal year a resolution increasing the standard for
    |
0018|     indigency.  The term "indigent patient" includes a minor who
    |
0019|     has received ambulance transportation or medical care or both
    |
0020|     and whose parent or the person having custody of that minor
    |
0021|     would qualify as an indigent patient if transported by
    |
0022|     ambulance or admitted to a hospital for care or treated by a
    |
0023|     health care provider or all three;
    |
0024|              D.  "hospital" means any general or limited hospital
    |
0025|     licensed by the department, whether nonprofit or owned by a
    |
0001|     political subdivision, and may include by resolution of the
    |
0002|     board the following health facilities if licensed, or in the
    |
0003|     case of out-of-state hospitals, approved, by the department:
    |
0004|                  (1)  for-profit hospitals;
    |
0005|                  (2)  state-owned hospitals; or
    |
0006|                  (3)  licensed out-of-state hospitals where
    |
0007|     treatment provided is necessary for the proper care of an
    |
0008|     indigent patient when that care is not available in an in-state
    |
0009|     hospital;
    |
0010|              E.  "cost" means all allowable ambulance
    |
0011|     transportation or medical care costs, including the costs of
    |
0012|     prenatal care, to the extent determined by resolution of the
    |
0013|     board, for an indigent patient.  Allowable costs shall be
    |
0014|     determined in accordance with a uniform system of accounting
    |
0015|     and cost analysis as determined by regulation of the board,
    |
0016|     which includes cost of ancillary services, but shall not
    |
0017|     include the cost of servicing long-term indebtedness of a
    |
0018|     hospital, health care provider or ambulance service;
    |
0019|              F.  "fund" means a county indigent hospital claims
    |
0020|     fund;
    |
0021|              G.  "medicaid eligible" means a person who is
    |
0022|     eligible for medical assistance from the department;
    |
0023|              H.  "county" means any county except a class A
    |
0024|     county with a county hospital operated and maintained pursuant
    |
0025|     to a lease with a state educational institution named in
    |
0001|     Article 12, Section 11 of the constitution of New Mexico;
    |
0002|              I.  "department" means the department of health;
    |
0003|              J.  "sole community provider hospital" means a
    |
0004|     hospital that is a sole community provider hospital under the
    |
0005|     provisions of the federal medicare guidelines established in 42
    |
0006|     C.F.R. 412.92 pursuant to Title 18 of the federal Social
    |
0007|     Security Act;
    |
0008|              K.  "drug rehabilitation center" means an agency of
    |
0009|     local government, a state agency, a private nonprofit entity or
    |
0010|     combination thereof that operates drug abuse rehabilitation
    |
0011|     programs that meet the standards and requirements pursuant to
    |
0012|     the Drug Abuse Act;
    |
0013|              L.  "alcohol rehabilitation center" means an agency
    |
0014|     of local government, a state agency, a private nonprofit entity
    |
0015|     or combination thereof that operates alcohol abuse
    |
0016|     rehabilitation programs that meet the standards set by the
    |
0017|     department of health pursuant to the Alcoholism and Alcohol
    |
0018|     Abuse Prevention, Screening and Treatment Act;
    |
0019|              M.  "mental health center" means a not-for-profit
    |
0020|     center that provides outpatient mental health services that
    |
0021|     meet the standards set by the department pursuant to the
    |
0022|     Community Mental Health Services Act; and
    |
0023|              N.  "health care provider" means:
    |
0024|                  (1)  a nursing home;
    |
0025|                  (2)  an in-state home health agency;
    |
0001|                  (3)  an in-state licensed hospice;
    |
0002|                  (4)  a community-based health program operated
    |
0003|     by a political subdivision of the state or other nonprofit
    |
0004|     health organization that provides prenatal care delivered by
    |
0005|     New Mexico licensed, certified or registered health care
    |
0006|     practitioners;
    |
0007|                  (5)  a community-based health program operated
    |
0008|     by a political subdivision of the state or other nonprofit
    |
0009|     health care organization that provides primary care delivered
    |
0010|     by New Mexico licensed, certified or registered health care
    |
0011|     practitioners;
    |
0012|                  (6)  a drug rehabilitation center;
    |
0013|                  (7)  an alcohol rehabilitation center; or
    |
0014|                  (8)  a mental health center."
    |
0015|         Section 61.  Section 27-5-6.1 NMSA 1978 (being Laws 1993,
    |
0016|     Chapter 321, Section 18) is amended to read:
    |
0017|         "27-5-6.1.  SOLE COMMUNITY PROVIDER FUND CREATED.--
    |
0018|              A.  The "sole community provider fund" is created in
    |
0019|     the state treasury.  The <u>sole community provider</u> fund, which
    |
0020|     shall be administered by the <s>[human services]</s> department,
    |
0021|     shall consist of funds provided by counties to match federal
    |
0022|     funds for medicaid sole community provider hospital payments. 
    |
0023|     Money in the fund shall be invested by the state treasurer as
    |
0024|     other state funds are invested.  Any unexpended or unencumbered
    |
0025|     balance remaining in the fund at the end of any fiscal year
    |
0001|     shall not revert.
    |
0002|              B.  Money in the sole community provider fund is
    |
0003|     appropriated to the <s>[human services]</s> department to make sole
    |
0004|     community provider hospital payments pursuant to the state
    |
0005|     medicaid program.  No sole community provider hospital payments
    |
0006|     or money in the sole community provider fund shall be used to
    |
0007|     supplant any general fund support for the state medicaid
    |
0008|     program.
    |
0009|              C.  Money in the sole community provider fund shall
    |
0010|     be remitted back to the individual counties from which it came
    |
0011|     if federal medicaid matching funds are not received for
    |
0012|     medicaid sole community provider hospital payments."
    |
0013|         Section 62.  Section 27-5-12.2 NMSA 1978 (being Laws
    |
0014|     1993, Chapter 321, Section 15) is amended to read:
    |
0015|         "27-5-12.2.  DUTIES OF THE COUNTY--SOLE COMMUNITY
    |
0016|     PROVIDER HOSPITAL PAYMENTS.--Every county in New Mexico that
    |
0017|     authorizes payment for services to a sole community provider
    |
0018|     hospital shall:
    |
0019|              A.  determine eligibility for benefits and determine
    |
0020|     an amount payable on each claim for services to indigent
    |
0021|     patients from sole community provider hospitals;
    |
0022|              B.  notify the sole community provider hospital of
    |
0023|     its decision on each request for payment while not actually
    |
0024|     reimbursing the hospital for the services that are reimbursed
    |
0025|     with federal funds under the state medicaid program;
    |
0001|              C.  confirm the amount of the sole community
    |
0002|     provider hospital payments authorized for each hospital for the
    |
0003|     past fiscal year by September 30 of the current fiscal year;
    |
0004|              D.  negotiate agreements with each sole community
    |
0005|     provider hospital providing services for county residents on
    |
0006|     the anticipated amount of the payments for the following fiscal
    |
0007|     year; and
    |
0008|              E.  provide the <s>[human services]</s> department by
    |
0009|     January 15 of each year with the budgeted amount of sole
    |
0010|     community provider hospital payments, by hospital, for the
    |
0011|     following fiscal year."
    |
0012|         Section 63.  Section 27-6-2 NMSA 1978 (being Laws 1977,
    |
0013|     Chapter 252, Section 23) is amended to read:
    |
0014|         "27-6-2.  DEFINITION.--As used in the Utility Supplement
    |
0015|     Act, <s>["health and social services department" or]</s>
    |
0016|     "department" <s>[mean]</s> <u>means</u> the income support division of
    |
0017|     the <s>[human services]</s> <u>workforce development</u> department."
    |
0018|         Section 64.  Section 27-6-4 NMSA 1978 (being Laws 1975,
    |
0019|     Chapter 300, Section 3) is amended to read:
    |
0020|         "27-6-4.  ADMINISTRATION OF UTILITY SUPPLEMENT ACT.--The
    |
0021|     <s>[health and social services]</s> department is <s>[hereby]</s>
    |
0022|     authorized to determine eligibility, compute grants, make pay-
    |
0023|     
    |
0024|     ments as provided in the Utility Supplement Act and otherwise
    |
0025|     administer that act."
    |
0001|         Section 65.  Section 27-6-5 NMSA 1978 (being Laws 1975,
    |
0002|     Chapter 300, Section 4) is amended to read:
    |
0003|         "27-6-5.  PERSONS ELIGIBLE FOR UTILITY ASSISTANCE.
    |
0004|              A.  A utility supplement pursuant to the Utility
    |
0005|     Supplement Act shall be provided to or on behalf of <u>those
</u>    |
<u></u>0006| <u>    individuals who are identified</u>:
    |
0007|                  (1) <s>[those individuals who are identified]</s> to
    |
0008|     the <s>[health and social services]</s> department by the <u>federal</u>
    |
0009|     bureau of supplemental security income as recipients of
    |
0010|     supplemental security income under Title <s>[XVI]</s> <u>16</u> of the
    |
0011|     Social Security Act and who are not living in nursing homes or
    |
0012|     intermediate care facilities; and
    |
0013|                  (2) <s>[those individuals who are identified]</s> by
    |
0014|     the <s>[health and social services]</s> department as recipients of
    |
0015|     aid to families with dependent children under Section <s>[13-17-9
</s>    |
<s></s>0016| <s>    NMSA 1953]</s> <u>27-2-6 NMSA 1978</u>, unless the individuals are
    |
0017|     living in circumstances <s>[which]</s> <u>that</u> do not require them to
    |
0018|     pay, either directly or indirectly, utility costs.
    |
0019|              B.  No more than one utility supplement per
    |
0020|     household may be paid under the Utility Supplement Act
    |
0021|     <s>[provided, however]</s>, <u>but if</u> supplemental security income
    |
0022|     recipients <s>[and]</s> <u>or</u> recipients of aid to families with de-
    |
0023|     
    |
0024|     pendent children <u>are</u> living in boarding home facilities,
    |
0025|     <u>they</u> shall be paid on an individual basis."
    |
0001|         Section 66.  Section 27-6-6 NMSA 1978 (being Laws 1975,
    |
0002|     Chapter 300, Section 5) is amended to read:
    |
0003|         "27-6-6.  TIME OF PAYMENTS.--
    |
0004|              <s>[A.  The initial payment under the Utility
</s>    |
<s></s>0005| <s>    Supplement Act shall be made by the health and social services
</s>    |
<s></s>0006| <s>    department between December 1, 1975 and December 15, 1975 to
</s>    |
<s></s>0007| <s>    those eligible under the Utility Supplement Act as of December
</s>    |
<s></s>0008| <s>    1, 1975.  The initial payment shall be the equivalent of six
</s>    |
<s></s>0009| <s>    months of benefits under the Utility Supplement Act.  In no
</s>    |
<s></s>0010| <s>    case shall the initial payment be greater than fifty-nine
</s>    |
<s></s>0011| <s>    dollars ($59.00).
</s>    |
<s></s>0012| <s>             B.  Beginning with the month of January, 1976 and
</s>    |
<s></s>0013| <s>    monthly thereafter]</s> Payments shall be made <u>monthly</u> to those
    |
0014|     eligible for benefits under the Utility Supplement Act."
    |
0015|         Section 67.  Section 27-6-7 NMSA 1978 (being Laws 1975,
    |
0016|     Chapter 300, Section 6) is amended to read:
    |
0017|         "27-6-7.  AMOUNT OF PAYMENT.--The amount of the utility
    |
0018|     supplement payment <u>under the Utility Supplement Act</u> shall be
    |
0019|     calculated by the <s>[health and social services]</s> department so
    |
0020|     that the entire amount of state and federal funds available to
    |
0021|     it under the Utility Supplement Act shall be expended."
    |
0022|         Section 68.  Section 27-6-8 NMSA 1978 (being Laws 1975,
    |
0023|     Chapter 300, Section 7, as amended) is amended to read:
    |
0024|         "27-6-8.  ADJUSTMENTS TO MEET RATE INCREASES.--
    |
0025|              A.  The <s>[income support division of the human
</s>    |
<s></s>0001| <s>    services]</s> department shall annually review the rate schedules
    |
0002|     of gas and electric companies in this state provided by the New
    |
0003|     Mexico public utility commission and, if necessary, shall
    |
0004|     recommend to the legislature adjustments in the amount of state
    |
0005|     utility supplements to reflect any increases or decreases in
    |
0006|     gas or electricity rates, or both.
    |
0007|              B.  The <s>[income support division]</s> <u>department</u>
    |
0008|     shall conduct its first rate review during the month of
    |
0009|     December 1975 and shall conduct a review during December
    |
0010|     annually thereafter."
    |
0011|         Section 69.  Section 27-6A-3 NMSA 1978 (being Laws 1993,
    |
0012|     Chapter 206, Section 3) is amended to read:
    |
0013|         "27-6A-3.  DEFINITIONS.--As used in the Low Income Water,
    |
0014|     Sewer and Solid Waste Service Assistance Act:
    |
0015|              A.  "department" means the <s>[human services]</s>
    |
0016|     <u>workforce development</u> department; and
    |
0017|              B.  "utility" means any individual, firm,
    |
0018|     partnership, company, district, including but not limited to
    |
0019|     solid waste district, water and sanitation district and special
    |
0020|     district, cooperative, association, public or private
    |
0021|     corporation, lessee, trustee or receiver appointed by any
    |
0022|     court, municipality and municipal utility as defined in the
    |
0023|     Municipal Code, incorporated county or county that may or does
    |
0024|     own, operate, lease or control any plant, property or facility
    |
0025|     for:
    |
0001|                  (1)  the supply, storage, distribution or
    |
0002|     furnishing of water to or for the public;
    |
0003|                  (2)  the supply and furnishing of sanitary
    |
0004|     sewer service to or for the public; or
    |
0005|                  (3)  the supply and furnishing of collection,
    |
0006|     transportation, treatment or disposal of solid waste to or for
    |
0007|     the public.  "Utility" does not include a public utility
    |
0008|     subject to the jurisdiction of the New Mexico public
    |
0009|     <s>[service]</s> <u>utility</u> commission."
    |
0010|         Section 70.  Section 27-8-3 NMSA 1978 (being Laws 1983,
    |
0011|     Chapter 139, Section 3) is amended to read:
    |
0012|         "27-8-3.  DEFINITIONS.--As used in the Community Action
    |
0013|     Act:
    |
0014|              A.  "poverty level" means the official poverty level
    |
0015|     established by the federal director of the office of management
    |
0016|     and budget and revised periodically by the federal secretary of
    |
0017|     health and human services; and
    |
0018|              B.  "secretary" means the secretary of <s>[human
</s>    |
<s></s>0019| <s>    services]</s> <u>workforce development</u>."
    |
0020|         Section 71.  Section 27-8-9 NMSA 1978 (being Laws 1983,
    |
0021|     Chapter 139, Section 9) is amended to read:
    |
0022|         "27-8-9.  FINANCIAL ASSISTANCE--LIMITATIONS.--The
    |
0023|     secretary, consistent with federal law, shall make grants of
    |
0024|     not less than ninety percent of the annual allocation of funds
    |
0025|     available under the community services block grant to community
    |
0001|     action agencies defined in Subsection A of Section <s>[5 of the
</s>    |
<s></s>0002| <s>    Community Action Act]</s> <u>27-8-5 NMSA 1978</u>.  The <s>[human
</s>    |
<s></s>0003| <s>    services]</s> <u>workforce development</u> department is authorized to
    |
0004|     implement, by regulation or contract, a limitation on the
    |
0005|     amount of community services block grant funds allocated to
    |
0006|     administrative costs."
    |
0007|         Section 72.  Section 27-9-1 NMSA 1978 (being Laws 1983,
    |
0008|     Chapter 323, Section 1) is amended to read:
    |
0009|         "27-9-1.  PROGRAM--DEMONSTRATIONS.--The <s>[human
</s>    |
<s></s>0010| <s>    services]</s> <u>workforce development</u> department, in cooperation
    |
0011|     with the <u>department of</u> health <s>[and environment department]</s>,
    |
0012|     is authorized to administer demonstration programs <s>[which]</s>
    |
0013|     <u>that</u> provide in-home and coordinated community care services
    |
0014|     to the frail elderly and to disabled individuals who would
    |
0015|     otherwise require institutionalization. The programs authorized
    |
0016|     by this section shall serve both those eligible and not eli-
    |
0017|     
    |
0018|     gible for federal medical assistance programs."
    |
0019|         Section 73.  Section 27-9-2 NMSA 1978 (being Laws 1983,
    |
0020|     Chapter 323, Section 2) is amended to read:
    |
0021|         "27-9-2.  IMPLEMENTATION.--The secretary of <s>[human
</s>    |
<s></s>0022| <s>    services]</s> <u>workforce development</u> shall, by regulation,
    |
0023|     specify the areas in which the programs shall operate, specify
    |
0024|     the services to be provided, establish eligibility criteria of
    |
0025|     persons to be served and provide for cost sharing, where
    |
0001|     possible, with individuals and participating communities."
    |
0002|         Section 74.  Section 28-1-2 NMSA 1978 (being Laws 1969,
    |
0003|     Chapter 196, Section 2, as amended) is amended to read:
    |
0004|         "28-1-2.  DEFINITIONS.--As used in the Human Rights Act:
    |
0005|              A.  "person" means one or more individuals, a
    |
0006|     partnership, association, organization, corporation, joint
    |
0007|     venture, legal representative, trustees, receivers or the state
    |
0008|     and all of its political subdivisions;
    |
0009|              B.  "employer" means any person employing four or
    |
0010|     more persons and any person acting for an employer;
    |
0011|              C.  "commission" means the human rights commission;
    |
0012|              D. <s>["director"]</s> "<u>chief</u>" means the <s>[director]</s>
    |
0013|     <u>chief</u> of the human rights <s>[division]</s> <u>bureau</u> of the
    |
0014|     <s>[labor]</s> <u>workforce development</u> department;
    |
0015|              E.  "employee" means any person in the employ of an
    |
0016|     employer or an applicant for employment;
    |
0017|              F.  "labor organization" means any organization
    |
0018|     <s>[which]</s> <u>that</u> exists for the purpose in whole or in part of
    |
0019|     collective bargaining or of dealing with employers concerning
    |
0020|     grievances, terms or conditions of employment or of other
    |
0021|     mutual aid or protection in connection with employment;
    |
0022|              G.  "employment agency" means any person regularly
    |
0023|     undertaking with or without compensation to procure
    |
0024|     opportunities to work or to procure, recruit or refer
    |
0025|     employees;
    |
0001|              H.  "public accommodation" means any establishment
    |
0002|     that provides or offers its services, facilities,
    |
0003|     accommodations or goods to the public, but does not include a
    |
0004|     bona fide private club or other place or establishment
    |
0005|     <s>[which]</s> <u>that</u> is by its nature and use distinctly private;
    |
0006|              I.  "housing accommodation" means any building or
    |
0007|     portion of a building <s>[which]</s> <u>that</u> is constructed or to be
    |
0008|     constructed, <s>[which]</s> <u>that</u> is used or intended for use as
    |
0009|     the residence or sleeping place of any individual;
    |
0010|              J.  "real property" means lands, leaseholds or
    |
0011|     commercial or industrial buildings, whether constructed or to
    |
0012|     be constructed, offered for sale or rent, and any land rented
    |
0013|     or leased for the use, parking or storage of house trailers;
    |
0014|              K.  "secretary" means the secretary of <s>[labor]</s>
    |
0015|     <u>workforce development</u>;
    |
0016|              L.  "unlawful discriminatory practices" means those
    |
0017|     unlawful practices and acts specified in Section 28-1-7 NMSA
    |
0018|     1978;
    |
0019|              M.  "physical or mental handicap" means a physical
    |
0020|     or mental impairment that substantially limits one or more of
    |
0021|     an individual's major life activities.  An individual is also
    |
0022|     considered to be physically or mentally handicapped if he has a
    |
0023|     record of a physical or mental handicap or is regarded as
    |
0024|     having a physical or mental handicap;
    |
0025|              N.  "major life activities" means functions such as
    |
0001|     caring for one's self, performing manual tasks, walking,
    |
0002|     seeing, hearing, speaking, breathing, learning and working;
    |
0003|     <s>[and]</s>
    |
0004|              O.  "applicant for employment" means a person

    |
0005|     applying for a position as an employee; <u>and
</u>    |
<u></u>0006| <u>             P.  "bureau" means the human rights bureau of the
</u>    |
<u></u>0007| <u>    workforce development department</u>."
    |
0008|         Section 75.  Section 28-1-4 NMSA 1978 (being Laws 1987,
    |
0009|     Chapter 342, Section 18) is amended to read:
    |
0010|         "28-1-4.  POWERS AND DUTIES.--
    |
0011|              A.  The commission may:
    |
0012|                  (1)  hear complaints and issue orders,
    |
0013|     including cease and desist orders concerning alleged unlawful
    |
0014|     discriminatory practice; <u>and</u>
    |
0015|                  (2)  hold hearings, subpoena witnesses and
    |
0016|     compel their attendance, administer oaths, take the testimony
    |
0017|     of any person under oath, order depositions and require the
    |
0018|     production for examination of any books, records,
    |
0019|     correspondence, documents and other evidence relating to any
    |
0020|     matter under investigation or in question before the commis-
    |
0021|     
    |
0022|     sion.  Contumacy or refusal to obey a subpoena issued pursuant
    |
0023|     to this section constitutes contempt punishable by the district
    |
0024|     court of the judicial district in which the witness may be
    |
0025|     found.  No individual shall be excused from attending and
    |
0001|     testifying or from producing evidence in obedience to a
    |
0002|     subpoena issued pursuant to this section on the grounds that
    |
0003|     the testimony or evidence required of him may tend to in-
    |
0004|     
    |
0005|     criminate him or subject him to a penalty or a forfeiture. 
    |
0006|     However, no individual shall be prosecuted or subjected to any
    |
0007|     penalty or forfeiture concerning any matter for which he is
    |
0008|     compelled to testify or give evidence after having claimed his
    |
0009|     right against self-incrimination. Nevertheless, the individual
    |
0010|     so testifying shall not be exempt from prosecution and
    |
0011|     punishment for perjury committed while testifying.
    |
0012|              B.  The <s>[division]</s> <u>bureau</u> may:
    |
0013|                  (1)  receive and investigate complaints of
    |
0014|     alleged unlawful discriminatory practice;
    |
0015|                  (2)  seek to eliminate discrimination through
    |
0016|     conciliation and persuasion by voluntary conferences with
    |
0017|     interested parties;
    |
0018|                  (3)  recommend application by the <s>[director]</s>
    |
0019|     <u>chief</u> to a district court in the county where the violating
    |
0020|     party resides for specific performance of any conciliation
    |
0021|     agreement or for enforcement of any order issued by the
    |
0022|     commission;
    |
0023|                  (4)  endeavor to eliminate prejudice and to
    |
0024|     further good will.  The <s>[division]</s> <u>bureau</u>, in cooperation
    |
0025|     with the state department of public education and local boards
    |
0001|     of education, shall encourage an educational program for all
    |
0002|     residents of the state, calculated to eliminate prejudice, its
    |
0003|     harmful effects and its incompatibility with principles of fair
    |
0004|     play, equality and justice;
    |
0005|                  (5)  encourage voluntary advisory groups to
    |
0006|     study problems of discrimination in all fields, to foster,
    |
0007|     through community efforts, good will and cooperation in this
    |
0008|     state and to make recommendations to the secretary for the
    |
0009|     development of policies and procedures <s>[which]</s> <u>that</u> the
    |
0010|     secretary may recommend to appropriate state agencies;
    |
0011|                  (6)  seek and enlist the cooperation and
    |
0012|     contributions and grants of individuals and foundations,
    |
0013|     private, charitable, religious, labor, civic and benevolent
    |
0014|     organizations and the federal government for the purposes of
    |
0015|     this section;
    |
0016|                  (7)  issue publications and release the results
    |
0017|     of investigation and research <s>[which]</s> <u>that</u> in the
    |
0018|     secretary's judgment will tend to promote good will and prevent
    |
0019|     or eliminate discrimination; and
    |
0020|                  (8)  submit annually a written report of all
    |
0021|     its activities and recommendations to the secretary, the
    |
0022|     governor and the legislature."
    |
0023|         Section 76.  Section 28-1-10 NMSA 1978 (being Laws 1969,
    |
0024|     Chapter 196, Section 9, as amended) is amended to read:
    |
0025|         "28-1-10.  GRIEVANCE PROCEDURE.--
    |
0001|              A.  Any person claiming to be aggrieved by an
    |
0002|     unlawful discriminatory practice and any member of the
    |
0003|     commission who has reason to believe that discrimination has
    |
0004|     occurred may file with the <s>[human rights division of the labor
</s>    |
<s></s>0005| <s>    department]</s> <u>bureau</u> a written complaint that shall state the
    |
0006|     name and address of the person alleged to have engaged in the
    |
0007|     discriminatory practice, all information relating to the
    |
0008|     discriminatory practice and any other information that may be
    |
0009|     required by the commission.  All complaints shall be filed with
    |
0010|     the <s>[division]</s> <u>bureau</u> within one hundred eighty days after
    |
0011|     the alleged act was committed.
    |
0012|              B.  The <s>[director]</s> <u>chief</u> shall advise the
    |
0013|     respondent that a complaint has been filed against him and
    |
0014|     shall furnish him with a copy of the complaint.  The
    |
0015|     <s>[director]</s> <u>chief</u> shall promptly investigate the alleged
    |
0016|     act.  If the <s>[director]</s> <u>chief</u> determines that the complaint
    |
0017|     lacks probable cause, he shall dismiss the complaint and notify
    |
0018|     the complainant and respondent of the dismissal.  The complaint
    |
0019|     shall be dismissed subject to appeal as in the case of other
    |
0020|     orders of the commission.
    |
0021|              C.  If the <s>[director]</s> <u>chief</u> determines that
    |
0022|     probable cause exists for the complaint, he shall attempt to
    |
0023|     achieve a satisfactory adjustment of the complaint through
    |
0024|     persuasion and conciliation.  The <s>[director]</s> <u>chief</u> and
    |
0025|     <u>bureau</u> staff shall neither disclose what has transpired
    |
0001|     during the attempted conciliation nor divulge information
    |
0002|     obtained during any hearing before the commission or a
    |
0003|     commissioner prior to final action relating to the complaint. 
    |
0004|     Any officer or employee of the <s>[labor]</s> <u>workforce
</u>    |
<u></u>0005| <u>    development</u> department who makes public in any manner whatever
    |
0006|     any information in violation of this subsection is guilty of a
    |
0007|     misdemeanor and upon conviction shall be fined not more than
    |
0008|     one thousand dollars ($1,000) or imprisoned not more than one
    |
0009|     year.
    |
0010|              D.  Any person who has filed a complaint with the
    |
0011|     <s>[human rights division]</s> <u>bureau</u> may request and shall
    |
0012|     receive an order of nondetermination from the <s>[director]</s>
    |
0013|     <u>chief</u> one hundred eighty days after the <s>[division's]</s>
    |
0014|     <u>bureau's</u> receipt of the complaint.  The order of
    |
0015|     nondetermination may be appealed pursuant to the provisions of
    |
0016|     Section 28-1-13 NMSA 1978.
    |
0017|              E.  In the case of a complaint filed by or on behalf
    |
0018|     of a person who has an urgent medical condition and has
    |
0019|     notified the <s>[director]</s> <u>chief</u> in writing of the test
    |
0020|     results, the <s>[director]</s> <u>chief</u> shall make the determination
    |
0021|     whether probable cause exists for the complaint and shall
    |
0022|     attempt any conciliation efforts within ninety days of the
    |
0023|     filing of the written complaint or notification, whichever
    |
0024|     occurs last.
    |
0025|              F.  If conciliation fails or if, in the opinion of
    |
0001|     the <s>[director]</s> <u>chief</u>, informal conference cannot result in
    |
0002|     conciliation and the complainant has not requested a waiver of
    |
0003|     right to hearing pursuant to the provisions of Subsection J of
    |
0004|     this section, the commission shall issue a written complaint in
    |
0005|     its own name against the respondent, except that in the case of
    |
0006|     a complaint filed by or on behalf of a person who has an urgent
    |
0007|     medical condition, who has notified the <s>[director]</s> <u>chief</u> in
    |
0008|     writing of the test results and who so elects, the <s>[director]</s>
    |
0009|     <u>chief</u> shall issue an order of nondetermination, which may be
    |
0010|     appealed pursuant to the provisions of Section 28-1-13 NMSA
    |
0011|     1978.  The complaint shall set forth the alleged discriminatory
    |
0012|     practice, the secretary's regulation or the section of the
    |
0013|     Human Rights Act alleged to have been violated and the relief
    |
0014|     requested.  The complaint shall require the respondent to
    |
0015|     answer the allegations of the complaint at a hearing before the
    |
0016|     commission or hearing officer and shall specify the date, time
    |
0017|     and place of the hearing.  The hearing date shall not be more
    |
0018|     than fifteen or less than ten days after service of the
    |
0019|     complaint.  The complaint shall be served on the respondent
    |
0020|     personally or by registered mail, return receipt requested. 
    |
0021|     The hearing shall be held in the county where the respondent is
    |
0022|     doing business or the alleged discriminatory practice occurred.
    |
0023|              G.  Within one year of the filing of a complaint by
    |
0024|     a person aggrieved, the commission or <s>[its director]</s> <u>the
</u>    |
<u></u>0025| <u>    chief</u> shall:
    |
0001|                  (1)  dismiss the complaint for lack of probable
    |
0002|     cause;
    |
0003|                  (2)  achieve satisfactory adjustment of the
    |
0004|     complaint as evidenced by order of the commission; or
    |
0005|                  (3)  file a formal complaint on behalf of the
    |
0006|     commission.
    |
0007|              H.  Upon the commission's petition, the district
    |
0008|     court of the county where the respondent is doing business or
    |
0009|     the alleged discriminatory practice occurred may grant
    |
0010|     injunctive relief pending hearing by the commission or pending
    |
0011|     judicial review of an order of the commission so as to preserve
    |
0012|     the status quo or to ensure that the commission's order as
    |
0013|     issued will be effective.  The commission shall not be required
    |
0014|     to post a bond.
    |
0015|              I.  For purposes of this section, "urgent medical
    |
0016|     condition" means any medical condition as defined by an
    |
0017|     appropriate medical authority through documentation or by
    |
0018|     direct witness of a clearly visible disablement and <s>[which]</s>
    |
0019|     <u>that</u> poses a serious threat to the life of the person with
    |
0020|     the medical condition.
    |
0021|              J.  The complainant may seek a trial de novo in the
    |
0022|     district court in lieu of a hearing before the commission,
    |
0023|     provided the complainant requests from the <s>[director]</s>
    |
0024|     <u>chief</u>, in writing, a waiver of complainant's right to hearing
    |
0025|     within sixty days of service of written notice of a probable
    |
0001|     cause determination by the <s>[director]</s> <u>chief</u>.  The
    |
0002|     <s>[director]</s> <u>chief</u> shall approve the waiver request and shall
    |
0003|     serve notice of the waiver upon the complainant and respondent. 
    |
0004|     The complainant may request a trial de novo pursuant to Section
    |
0005|     28-1-13 NMSA 1978 within thirty days from the date of service
    |
0006|     of the waiver.  Issuance of the notice shall be deemed a final
    |
0007|     order of the commission for the purpose of appeal pursuant to
    |
0008|     Section 28-1-13 NMSA 1978."
    |
0009|         Section 77.  Section 28-1-11 NMSA 1978 (being Laws 1969,
    |
0010|     Chapter 196, Section 10, as amended) is amended to read:
    |
0011|         "28-1-11.  HEARING PROCEDURES.--
    |
0012|              A.  The respondent to a complaint made pursuant to
    |
0013|     Section 28-1-10 NMSA 1978 may file a written answer to the
    |
0014|     complaint, appear at the hearing, give testimony and be
    |
0015|     represented by counsel and may obtain from the commission
    |
0016|     subpoenas for any person or for the production of any evidence
    |
0017|     pertinent to the proceeding.  The complainant shall be present
    |
0018|     at the hearing and may be represented by counsel. Each party
    |
0019|     shall have the right to amend his complaint or answer.
    |
0020|              B.  A panel of three members of the commission
    |
0021|     designated by the chairman shall sit, and a decision agreed
    |
0022|     upon by two members of the panel shall be the decision of the
    |
0023|     commission.  However, no commissioner who has filed a complaint
    |
0024|     may sit on the panel hearing his complaint.
    |
0025|     Hearings also may be conducted by a hearing officer employed by
    |
0001|     the <s>[human rights division of the labor department]</s> <u>bureau</u>
    |
0002|     or, if the hearing officer is unavailable, one member of the
    |
0003|     commission may be designated by the chairman to act as a
    |
0004|     hearing officer.  A hearing officer shall have the same powers
    |
0005|     and duties as a commissioner as set forth in Paragraph (2) of
    |
0006|     Subsection A of Section 28-1-4 NMSA 1978.
    |
0007|              C.  The complainant or his representative shall
    |
0008|     present to the commission or the hearing officer the case
    |
0009|     supporting the complaint.  No evidence concerning prior
    |
0010|     attempts at conciliation shall be received.  The <s>[director]</s>
    |
0011|     <u>chief</u> shall not participate in the hearing, except as a
    |
0012|     witness.
    |
0013|              D.  The commission and the hearing officer shall not
    |
0014|     be bound by the formal rules of evidence governing courts of
    |
0015|     law or equity but shall permit reasonable direct examination
    |
0016|     and cross-examination and the submission of briefs.  Testimony
    |
0017|     at the hearing shall be taken under oath and recorded by tape
    |
0018|     or otherwise.  Upon the request of any party, testimony shall
    |
0019|     be transcribed; provided that all costs of transcribing shall
    |
0020|     be paid by the party so requesting.  Each commissioner and
    |
0021|     hearing officer may administer oaths.
    |
0022|              E.  Upon the conclusion of a hearing conducted by a
    |
0023|     hearing officer, the hearing officer shall prepare a written
    |
0024|     report setting forth proposed findings of fact and conclusions
    |
0025|     of law and recommending the action to be taken by the
    |
0001|     commission.  The hearing officer shall submit the report to a
    |
0002|     review panel consisting of no more than three members of the
    |
0003|     commission designated by the chairman.  No commissioner may sit
    |
0004|     on the panel reviewing the hearing officer's report issued in
    |
0005|     connection with a complaint filed by the commissioner.  A
    |
0006|     decision by a majority of the members of the review panel shall
    |
0007|     be the decision of the commission.  If the commission finds
    |
0008|     from the evidence presented at any hearing held pursuant to
    |
0009|     this section that the respondent has engaged in a
    |
0010|     discriminatory practice, it shall make written findings of
    |
0011|     fact, conclusions of law and its decision based upon the
    |
0012|     findings of fact and conclusions of law.  The commission may
    |
0013|     adopt, modify or reject the proposed findings of fact and
    |
0014|     conclusions of law and the action recommended by the hearing
    |
0015|     officer.  Within five days after any order is rendered by the
    |
0016|     commission following a hearing, the commission shall serve upon
    |
0017|     each party of record and his attorney, if any, a written copy
    |
0018|     of the order by certified mail to the party's address of
    |
0019|     record.  All parties shall be deemed to have been served on the
    |
0020|     tenth day following the mailing.  As part of its order, the
    |
0021|     commission may require the respondent to pay actual damages to
    |
0022|     the complainant and to pay reasonable <s>[attorneys']</s> <u>attorney</u>
    |
0023|     fees, if the complainant was represented by private counsel,
    |
0024|     and to take such affirmative action as the commission considers
    |
0025|     necessary, including a requirement for reports of the manner of
    |
0001|     compliance.
    |
0002|              F.  If the commission finds from the evidence that
    |
0003|     the respondent has not engaged in a discriminatory practice, it
    |
0004|     shall make written findings of fact and serve the complainant
    |
0005|     and respondent with a copy of the findings of fact and with an
    |
0006|     order dismissing the complaint."
    |
0007|         Section 78.  Section 28-1-13 NMSA 1978 (being Laws 1969,
    |
0008|     Chapter 196, Section 12, as amended) is amended to read:
    |
0009|         "28-1-13.  APPEAL.--
    |
0010|              A.  Any person aggrieved by an order of the
    |
0011|     commission may obtain a trial de novo in the district court of
    |
0012|     the county where the discriminatory practice occurred or where
    |
0013|     the respondent does business by filing a notice of appeal
    |
0014|     within thirty days from the date of service of the commission's
    |
0015|     order.  A copy of the notice of appeal shall be served
    |
0016|     personally or by certified mail, return receipt requested, at
    |
0017|     their last known address on all parties who appeared before the
    |
0018|     commission and shall also be served at the <s>[division]</s>
    |
0019|     <u>bureau</u> office in Santa Fe.  No order of the commission shall
    |
0020|     be superseded or stayed during the appeal unless the district
    |
0021|     court so directs after notice to the commission and a hearing.
    |
0022|              B.  If testimony at the hearing was transcribed, the
    |
0023|     <s>[division]</s> <u>bureau</u> shall, upon receipt of the notice of
    |
0024|     appeal, file so much of the transcript of the record as the
    |
0025|     parties requesting the transcript designate as necessary for
    |
0001|     the appeal with the district court.
    |
0002|              C.  Upon appeal, either party may request a jury. 
    |
0003|     The jurisdiction of the district court is exclusive and its
    |
0004|     judgment is final, subject to further appeal to the <s>[supreme]</s>
    |
0005|     court <u>of appeals</u>.
    |
0006|              D.  In any action or proceeding under this section
    |
0007|     if the complainant prevails, the court in its discretion may
    |
0008|     allow actual damages and reasonable <s>[attorney's]</s> <u>attorney</u>
    |
0009|     fees, and the state shall be liable the same as a private
    |
0010|     person."
    |
0011|         Section 79.  Section 50-4-21 NMSA 1978 (being Laws 1955,
    |
0012|     Chapter 200, Section 2, as amended) is amended to read:
    |
0013|         "50-4-21.  DEFINITIONS.--As used in the Minimum Wage Act:
    |
0014|              A.  "employ" includes suffer or permit to work;
    |
0015|              B.  "employer" <s>[includes any]</s> <u>means</u> individual,
    |
0016|     partnership, association, corporation, business trust, legal
    |
0017|     representative or <s>[any]</s> organized group of persons employing
    |
0018|     one or more employees at any one time, acting directly or
    |
0019|     indirectly in the interest of an employer in relation to any
    |
0020|     employee, but shall not include the United States, the state or
    |
0021|     any political subdivision thereof; <s>[and]</s>
    |
0022|              C.  "employee" <s>[includes any]</s> <u>means an</u>
    |
0023|     individual employed by <s>[any]</s> <u>an</u> employer, but <s>[shall]</s>
    |
0024|     <u>does</u> not include:
    |
0025|                  (1) <s>[any]</s> <u>an</u> individual employed in
    |
0001|     domestic service in or about a private home;
    |
0002|                  (2) <s>[any]</s> <u>an</u> individual employed in a bona
    |
0003|     fide executive, administrative or professional capacity and
    |
0004|     foremen, superintendents and supervisors;
    |
0005|                  (3) <s>[any]</s> <u>an</u> individual employed by the
    |
0006|     United States or by the state or any political subdivision
    |
0007|     thereof;
    |
0008|                  (4) <s>[any]</s> <u>an</u> individual engaged in the
    |
0009|     activities of an educational, charitable, religious or
    |
0010|     nonprofit organization where the employer-employee relationship
    |
0011|     does not, in fact, exist or where the services rendered to such
    |
0012|     organizations are on a voluntary basis <s>[The employer-employee
</s>    |
<s></s>0013| <s>    relationship shall not be deemed to exist with respect to
</s>    |
<s></s>0014| <s>    any]</s>;
    |
0015|                  <u>(5)</u> <u>an</u> individual being served for purposes
    |
0016|     of rehabilitation by a charitable or nonprofit organization,
    |
0017|     notwithstanding the payment to the individual of a stipend
    |
0018|     based upon the value of the work performed by the individual;
    |
0019|                  <s>[(5)  salesmen or employees]</s> <u>(6)  a
</u>    |
<u></u>0020| <u>    salesperson or employee</u> compensated upon piecework, flat rate
    |
0021|     schedules or commission basis;
    |
0022|                  <s>[(6)  students]</s> <u>(7)  a student</u> regularly
    |
0023|     enrolled in primary or secondary schools working after school
    |
0024|     hours or on vacation;
    |
0025|                  <s>[(7)]</s> <u>(8)  a</u> registered <s>[apprentices and
</s>    |
<s></s>0001| <s>    learners]</s> <u>apprentice or learner</u> otherwise provided by law;
    |
0002|                  <s>[(8)  persons]</s> <u>(9)  a person</u> eighteen years
    |
0003|     of age or under who <s>[are]</s> <u>is</u> not <s>[students]</s> <u>a student</u>
    |
0004|     in a primary, secondary, vocational or training school;
    |
0005|                  <s>[(9)  persons]</s> <u>(10)  a person</u> eighteen
    |
0006|     years of age or under who <s>[are]</s> <u>is</u> not <s>[graduates]</s> <u>a
</u>    |
<u></u>0007| <u>    graduate</u> of a secondary school;
    |
0008|                  <s>[(10)  persons]</s> <u>(11)  a person</u> employed by
    |
0009|     ambulance services;
    |
0010|                  <s>[(11)]</s> <u>(12)  a</u> G.I. bill <s>[trainees]</s>
    |
0011|     <u>trainee</u> while under training;
    |
0012|                  <s>[(12)]</s> <u>(13)  a</u> seasonal <s>[employees]</s>
    |
0013|     <u>employee</u> of <s>[any]</s> <u>an</u> employer obtaining and holding a
    |
0014|     valid certificate issued annually by the <s>[state]</s> <u>chief of
</u>    |
<u></u>0015| <u>    the</u> labor <s>[commissioner]</s> <u>and industrial bureau of the
</u>    |
<u></u>0016| <u>    workforce development department</u>.  The certificate shall state
    |
0017|     the job designations and total number of employees to be
    |
0018|     exempted.  In approving or disapproving an application for a
    |
0019|     certificate of exemption, the <s>[commissioner]</s> <u>bureau chief</u>
    |
0020|     shall consider the following:
    |
0021|                       (a)  whether <s>[such]</s> <u>the</u> employment
    |
0022|     <s>[shall]</s> <u>will</u> be at an educational, charitable or religious
    |
0023|     youth camp or retreat;
    |
0024|                       (b) <s>[that such]</s> <u>whether the</u> employment
    |
0025|     will be of a temporary nature;
    |
0001|                       (c) <s>[that]</s> <u>whether</u> the individual will
    |
0002|     be furnished his room and board in connection with <s>[such]</s>
    |
0003|     <u>the</u> employment, or if the camp or retreat is a day camp or
    |
0004|     retreat, the individual will be furnished board in connection
    |
0005|     with <s>[such]</s> <u>the</u> employment;
    |
0006|                       (d)  the purposes for which the camp or
    |
0007|     retreat is operated;
    |
0008|                       (e)  the job classifications for the
    |
0009|     positions to be exempted; and
    |
0010|                       (f)  any other factors that the
    |
0011|     <s>[commissioner]</s> <u>bureau chief</u> deems necessary to consider;
    |
0012|                  <s>[(13)  any]</s> <u>(14)  an</u> employee employed in
    |
0013|     agriculture:
    |
0014|                       (a)  if <s>[such]</s> <u>the</u> employee is
    |
0015|     employed by an employer who did not, during any calendar
    |
0016|     quarter during the preceding calendar year, use more than five
    |
0017|     hundred man-days of agricultural labor;
    |
0018|                       (b)  if <s>[such]</s> <u>the</u> employee is the
    |
0019|     parent, spouse, child or other member of his employer's
    |
0020|     immediate family; for the purpose of this <s>[subsection]</s>
    |
0021|     <u>subparagraph</u>, employer shall include the principal
    |
0022|     stockholder of a family corporation;
    |
0023|                       (c)  if <s>[such]</s> <u>the</u> employee:  1) is
    |
0024|     employed as a hand-harvest laborer and is paid on a piece-rate
    |
0025|     basis in an operation <s>[which]</s> <u>that</u> has been, and is
    |
0001|     customarily and generally recognized as having been, paid on a
    |
0002|     piece-rate basis in the region of employment; 2) commutes daily
    |
0003|     from his permanent residence to the farm on which he is so em-
    |
0004|     
    |
0005|     ployed; and 3) has been employed in agriculture less than
    |
0006|     thirteen weeks during the preceding calendar year;
    |
0007|                       (d)  if <s>[such]</s> <u>the</u> employee, other
    |
0008|     than an employee described in Subparagraph (c) of this
    |
0009|     paragraph:  1) is sixteen years of age or under and is employed
    |
0010|     as a hand-harvest laborer, is paid on a piece-rate basis in an
    |
0011|     operation <s>[which]</s> <u>that</u> has been, and is generally rec-
    |
0012|     
    |
0013|     ognized as having been, paid on a piece-rate basis in the
    |
0014|     region of employment; 2) is employed on the same farm as his
    |
0015|     parent or person standing in the place of his parent; and 3) is
    |
0016|     paid at the same piece-rate as employees over age sixteen are
    |
0017|     paid on the same farm; or
    |
0018|                       (e)  if <s>[such]</s> <u>the</u> employee is
    |
0019|     principally engaged in the range production of livestock; or
    |
0020|                  <s>[(14)  employees]</s> <u>(15)  an employee</u> of <u>a</u>
    |
0021|     charitable, religious or nonprofit <s>[organizations]</s>
    |
0022|     <u>organization</u> who <s>[reside]</s> <u>resides</u> on the premises of <u>a</u>
    |
0023|     group <s>[homes]</s> <u>home</u> operated by <s>[such]</s> <u>the</u> charitable,
    |
0024|     religious or nonprofit <s>[organizations]</s> <u>organization</u> for
    |
0025|     mentally retarded or emotionally or developmentally disabled
    |
0001|     persons; <u>and
</u>    |
<u></u>0002| <u>             D.  "secretary means the secretary of workforce
</u>    |
<u></u>0003| <u>    development</u>."
    |
0004|         Section 80.  Section 50-4-23 NMSA 1978 (being Laws 1967,
    |
0005|     Chapter 242, Section 1) is amended to read:
    |
0006|         "50-4-23.  HANDICAPPED PERSONS--MINIMUM WAGE <s>[LABOR
</s>    |
<s></s>0007| <s>    COMMISSIONER]</s> <u>SECRETARY</u> POWERS AND DUTIES.--
    |
0008|              A.  The <s>[state labor commissioner]</s> <u>secretary</u>, to
    |
0009|     the extent necessary in order to prevent curtailment of
    |
0010|     opportunities for employment, shall, by regulation, provide for
    |
0011|     the employment under special certificates of individuals,
    |
0012|     including individuals employed in agriculture, whose earning or
    |
0013|     productive capacity is impaired by physical or mental
    |
0014|     deficiency or injury, at wages <s>[which]</s> <u>that</u> are lower than
    |
0015|     the minimum wage applicable under Section <s>[59-3-22 New Mexico
</s>    |
<s></s>0016| <s>    Statutes Annotated, 1953 Compilation]</s> <u>50-4-22 NMSA 1978</u>, but
    |
0017|     not less than fifty percent of <s>[such]</s> <u>that</u> wage.
    |
0018|              B.  The <s>[state labor commissioner]</s> <u>secretary</u>,
    |
0019|     pursuant to his regulations and upon certification of any state
    |
0020|     agency administering or supervising the administration of
    |
0021|     vocational rehabilitation services, may issue special
    |
0022|     certificates <s>[which]</s> <u>that</u> allow the holder <s>[thereof]</s> to
    |
0023|     work at wages <s>[which]</s> <u>that</u> are less than those required by
    |
0024|     Subsection A of this section and <s>[which]</s> <u>that</u> are related
    |
0025|     to the workers' productivity, for the employment of:
    |
0001|                  (1)  handicapped workers engaged in work
    |
0002|     <s>[which]</s> <u>that</u> is incidental to training or evaluation
    |
0003|     programs; and
    |
0004|                  (2)  multihandicapped individuals and other
    |
0005|     individuals whose earning capacity is so severely impaired that
    |
0006|     they are unable to engage in competitive employment.
    |
0007|              C.  The <s>[state labor commissioner]</s> <u>secretary</u>
    |
0008|     may, by regulation or order, provide for the employment of
    |
0009|     handicapped individuals in work activities centers under
    |
0010|     special certificates at wages <s>[which]</s> <u>that</u> are less than
    |
0011|     the minimums applicable under Section <s>[59-2-22 New Mexico
</s>    |
<s></s>0012| <s>    Statutes Annotated, 1953 Compilation]</s> <u>50-4-22 NMSA 1978</u>, or
    |
0013|     less than that prescribed in Subsection A of this section, and
    |
0014|     <s>[which]</s> <u>that</u> constitute equitable compensation for <s>[such]</s>
    |
0015|     <u>the</u> individuals.  As used in this subsection, "work
    |
0016|     activities centers" means centers planned and designed
    |
0017|     exclusively to provide therapeutic activities for handicapped
    |
0018|     persons whose physical or mental impairment is so severe as to
    |
0019|     make their productive capacity inconsequential.
    |
0020|              D.  The state agency administering or supervising
    |
0021|     the administration of vocational rehabilitation may issue a
    |
0022|     temporary certificate for a period not to exceed ninety days
    |
0023|     pursuant to Subsections A, B and C of this section and may
    |
0024|     request an extension of the certification by the <s>[state labor
</s>    |
<s></s>0025| <s>    commissioner]</s> <u>secretary</u> when it is determined that the
    |
0001|     severity of disability of an individual or circumstances
    |
0002|     warrants an extension of the certification."
    |
0003|         Section 81.  Section 50-4-26 NMSA 1978 (being Laws 1955,
    |
0004|     Chapter 200, Section 5, as amended) is amended to read:
    |
0005|         "50-4-26.  ENFORCEMENT<u>--PENALTIES--EMPLOYEES'
</u>    |
<u></u>0006| <u>    REMEDIES</u>.--
    |
0007|              <s>[A.  Penalties:
</s>    |
<s></s>0008| <s>             (1)]</s> <u>A.</u>  Any employer who violates any of the
    |
0009|     foregoing provisions shall be deemed guilty of a misdemeanor
    |
0010|     and shall be punished by a fine of not less than twenty-five
    |
0011|     dollars <s>[($25)]</s> <u>($25.00)</u> or more than three hundred dollars
    |
0012|     ($300) or by imprisonment for not less than ten nor more than
    |
0013|     ninety days or by both such fine and imprisonment.
    |
0014|              <s>[(2)]</s> <u>B.</u>  It <s>[shall be]</s> <u>is</u> the duty of the
    |
0015|     <s>[state]</s> labor <s>[commissioner]</s> <u>and industrial bureau of the
</u>    |
<u></u>0016| <u>    workforce development department</u> to enforce and prosecute
    |
0017|     violations of the Minimum Wage Act.  The <s>[labor commissioner]</s>
    |
0018|     <u>bureau</u> is hereby empowered to institute in the name of the
    |
0019|     state <s>[of New Mexico]</s> an action in the district court of the
    |
0020|     county wherein the employer who has failed to comply with the
    |
0021|     Minimum Wage Act resides or has his principal office or place
    |
0022|     of business, for the purpose of prosecuting violations.  It
    |
0023|     shall be the duty of the district attorney for the district
    |
0024|     wherein any violation hereof occurs to aid and assist the
    |
0025|     <s>[labor commissioner]</s> <u>bureau</u> in the prosecution thereof.
    |
0001|              <s>[B.  Employees' remedies:
</s>    |
<s></s>0002| <s>             (1)]</s> <u>C.</u>  Any employer who violates any provision
    |
0003|     of Section <s>[59-3-22 New Mexico Statutes Annotated, 1953
</s>    |
<s></s>0004| <s>    Compilation]</s> <u>50-4-22 NMSA 1978</u> shall be liable to the
    |
0005|     employees affected in the amount of their unpaid minimum wages,
    |
0006|     as the case may be, and in an additional equal amount as
    |
0007|     liquidated damages.
    |
0008|              <s>[(2)]</s> <u>D.</u>  Action to recover <s>[such]</s> <u>the</u>
    |
0009|     liability may be maintained in any court of competent
    |
0010|     jurisdiction by any one or more employees for and in behalf of
    |
0011|     himself or themselves and other employees similarly situated,
    |
0012|     or such employee or employees may designate an agent or rep-
    |
0013|     
    |
0014|     resentative to maintain such action before and in behalf of all
    |
0015|     employees similarly situated.
    |
0016|              <u>E.</u>  The court in any action brought under
    |
0017|     <s>[Paragraph (2)]</s> <u>Subsection D of this section</u> shall, in
    |
0018|     addition to any judgment awarded to the plaintiff or
    |
0019|     plaintiffs, allow costs of the action and reasonable
    |
0020|     <s>[attorneys']</s> <u>attorney</u> fees to be paid by the defendant.  In
    |
0021|     any proceedings brought pursuant to the provisions of this
    |
0022|     section, the employee shall not be required to pay any filing
    |
0023|     fee or other court costs necessarily incurred in such
    |
0024|     proceedings."
    |
0025|         Section 82.  Section 50-4-27 NMSA 1978 (being Laws 1967,
    |
0001|     Chapter 188, Section 5) is amended to read:
    |
0002|         "50-4-27.  AUTHORITY OF <s>[LABOR COMMISSIONER]</s> <u>SECRETARY
</u>    |
<u></u>0003| <u>    OF WORKFORCE DEVELOPMENT</u> TO <u>ADOPT AND</u> PROMULGATE RULES <u>AND
</u>    |
<u></u>0004| <u>    REGULATIONS</u>--HEARING ON RULES <u>AND REGULATIONS</u>--NOTICE--
    |
0005|     PUBLICATION.--The <s>[state labor commissioner shall have]</s>
    |
0006|     <u>secretary has</u> the authority to <u>adopt and</u> promulgate <s>[and
</s>    |
<s></s>0007| <s>    issue]</s> rules and regulations necessary to administer and
    |
0008|     accomplish the purposes of the Minimum Wage Act.  Such rules
    |
0009|     and regulations shall be <s>[aodpted]</s> <u>adopted</u> after notice and
    |
0010|     public hearing.  A copy of the notice of hearing together with
    |
0011|     a copy of the proposed regulations shall be filed with the
    |
0012|     librarian of the supreme court library at least twenty days
    |
0013|     prior to the hearing.  In addition, a copy of the notice of
    |
0014|     hearing shall be sent to all known interested persons.  Any
    |
0015|     interested person shall have the right to appear and present
    |
0016|     evidence. <u>Rules and regulations adopted pursuant to this
</u>    |
<u></u>0017| <u>    section shall be filed in accordance with the State Rules
</u>    |
<u></u>0018| <u>    Act.</u>"
    |
0019|         Section 83.  Section 50-5-12 NMSA 1978 (being Laws 1931,
    |
0020|     Chapter 109, Section 3) is amended to read:
    |
0021|         "50-5-12. <u>DUTY OF LABOR AND INDUSTRIAL BUREAU</u>.--It
    |
0022|     <s>[shall be]</s> <u>is</u> the duty of the labor <s>[commissioner]</s> <u>and
</u>    |
<u></u>0023| <u>    industrial bureau of the workforce development department</u> to
    |
0024|     <s>[see]</s> <u>ensure</u> that the provisions of <s>[this Act]</s> <u>Sections
</u>    |
<u></u>0025| <u>    50-5-10 through 50-5-12 NMSA 1978</u> are enforced."
    |
0001|         Section 84.  Section 50-6-7 NMSA 1978 (being Laws 1925,
    |
0002|     Chapter 79, Section 8, as amended) is amended to read:
    |
0003|         "50-6-7.  LABOR PERMIT CERTIFICATES--ISSUANCE--AUTHORIZED
    |
0004|     OFFICIALS--APPLICATION--CONTENTS--PROOF--COPIES--MAXIMUM TERM.-
    |
0005|     -
    |
0006|              A.  Permit certificates shall be issued only by the
    |
0007|     school superintendents, school principals, designated issuing
    |
0008|     school officers or <s>[the director of]</s> the labor and industrial
    |
0009|     <s>[division]</s> <u>bureau</u> of the <s>[labor]</s> <u>workforce development</u>
    |
0010|     department <s>[or the director's designee]</s>.
    |
0011|              B.  No permit certificate shall be issued to any
    |
0012|     child until satisfactory proof has been furnished that the work
    |
0013|     in which the child is to engage is not dangerous to the child
    |
0014|     <s>[nor]</s> <u>and not</u> injurious to his health or morals.
    |
0015|              C.  The application for the certificate <s>[must]</s>
    |
0016|     <u>shall</u> show that the child is in good physical health and that
    |
0017|     the work to be performed would not result in injury to the
    |
0018|     health, morals or mental development of the child. 
    |
0019|     Satisfactory proof of the age of the child at the date of the
    |
0020|     application shall be furnished.  In the case of children over
    |
0021|     the age of fourteen years and under the age of sixteen years,
    |
0022|     any application for the employment of children at any gainful
    |
0023|     occupation during the session hours of the school of the
    |
0024|     district in which the child resides shall set forth, in
    |
0025|     addition to the foregoing, the necessity to the family or the
    |
0001|     dependents of the child or for his own support of the income to
    |
0002|     be derived from the employment or labor.
    |
0003|              D.  Whenever the person authorized to issue the
    |
0004|     labor permit is satisfied that the provisions of this section
    |
0005|     have been complied with, he shall issue to the child a labor
    |
0006|     permit, keeping one copy on file and sending one copy of this
    |
0007|     permit to the labor and industrial <s>[commission]</s> <u>bureau of
</u>    |
<u></u>0008| <u>    the workforce development department</u>.
    |
0009|              E.  No permit certificate shall be in force without
    |
0010|     renewal for a longer period than one year from the date of
    |
0011|     issuance."
    |
0012|         Section 85.  Section 50-6-10 NMSA 1978 (being Laws 1925,
    |
0013|     Chapter 79, Section 11, as amended) is amended to read:
    |
0014|         "50-6-10.  INSPECTION OF CERTIFICATES, RECORDS AND
    |
0015|     PREMISES BY LABOR AND INDUSTRIAL <s>[COMMISSION]</s> <u>BUREAU</u>.--All
    |
0016|     employment certificates and records and the premises where
    |
0017|     children are employed are subject to inspection by
    |
0018|     representatives of the labor and industrial <s>[commission]</s>
    |
0019|     <u>bureau of the workforce development department</u>.  The
    |
0020|     <s>[commission]</s> <u>bureau</u> may, for cause, cancel any labor permit
    |
0021|     with the concurrence of the officer issuing the permit but, in
    |
0022|     case they disagree, the district court may cancel the permit on
    |
0023|     complaint setting forth the grounds therefor under the
    |
0024|     provisions of Sections <s>[59-6-1 through 59-6-15 NMSA 1953]</s>
    |
0025|     <u>50-6-1 through 50-6-16 NMSA 1978</u>."
    |
0001|         Section 86.  Section 50-6-14 NMSA 1978 (being Laws 1925,
    |
0002|     Chapter 79, Section 15, as amended) is amended to read:
    |
0003|         "50-6-14.  STATE CHILD LABOR INSPECTOR--APPOINTMENT--
    |
0004|     DIRECTION--QUALIFICATIONS.--There shall be a "state child labor
    |
0005|     inspector", appointed by <s>[and subject to]</s> the <s>[labor
</s>    |
<s></s>0006| <s>    commissioner]</s> <u>secretary of workforce development</u>.  The
    |
0007|     inspector <s>[must]</s> <u>shall</u> be qualified by special training and
    |
0008|     experience for this work <s>[and must pass a satisfactory
</s>    |
<s></s>0009| <s>    examination given by the labor commissioner for this purpose]</s>. 
    |
0010|     <u>This position shall be covered by and subject to the
</u>    |
<u></u>0011| <u>    provisions of the Personnel Act.</u>"
    |
0012|         Section 87.  Section 50-7-3 NMSA 1978 (being Laws 1957,
    |
0013|     Chapter 219, Section 3, as amended) is amended to read:
    |
0014|         "50-7-3.  APPRENTICESHIP COUNCIL.--An "apprenticeship
    |
0015|     council", hereinafter referred to as the "council", shall be
    |
0016|     appointed by the <s>[director of the labor and industrial
</s>    |
<s></s>0017| <s>    division of the department of labor]</s> <u>secretary of workforce
</u>    |
<u></u>0018| <u>    development</u> without regard to any other provisions of law
    |
0019|     regarding the appointment and compensation of employees of the
    |
0020|     state.  It shall consist of three persons known to represent
    |
0021|     employers, three persons known to represent labor
    |
0022|     organizations, three public representatives and shall include,
    |
0023|     as ex-officio members without vote, the <s>[director]</s> <u>chief</u> of
    |
0024|     the labor and industrial <s>[division]</s> <u>bureau</u> and the state
    |
0025|     supervisor of trade and industrial education.  Persons
    |
0001|     appointed to the council <s>[must]</s> <u>shall</u> be familiar with
    |
0002|     apprenticeable occupations.  The terms of office of the members
    |
0003|     of the council first appointed shall expire as designated by
    |
0004|     the <s>[director]</s> <u>secretary</u> at the time of making the
    |
0005|     appointment:  one representative each of employers, labor
    |
0006|     organizations and the public being appointed for one year; one
    |
0007|     representative each of employers, labor organizations and the
    |
0008|     public being appointed for two years and one representative
    |
0009|     each of employers, labor organizations and the public being
    |
0010|     appointed for three years.  Thereafter, each member shall be
    |
0011|     appointed for a term of three years.  Any member appointed to
    |
0012|     fill a vacancy occurring prior to the expiration of the term of
    |
0013|     his predecessor shall be appointed for the remainder of that
    |
0014|     term.  Members of the council not otherwise compensated by
    |
0015|     public money shall be reimbursed for their official duties in
    |
0016|     accordance with the Per Diem and Mileage Act for attendance at
    |
0017|     not in excess of twelve meetings per year."
    |
0018|         Section 88.  Section 50-7-4.1 NMSA 1978 (being Laws 1979,
    |
0019|     Chapter 204, Section 12, as amended) is amended to read:
    |
0020|         "50-7-4.1.  ADMINISTRATION.--The <s>[commissioner of
</s>    |
<s></s>0021| <s>    labor]</s> <u>secretary of workforce development</u> shall appoint a
    |
0022|     director of apprenticeship to be responsible for effectuating
    |
0023|     the policies set forth in Section 50-7-1 NMSA 1978, to carry
    |
0024|     out the policies approved by the apprenticeship council and
    |
0025|     otherwise to execute the provisions of Chapter 50, Article 7
    |
0001|     NMSA 1978.  Such appointment shall be subject to confirmation
    |
0002|     by a majority vote of the council.  The <s>[commissioner of
</s>    |
<s></s>0003| <s>    labor]</s> <u>secretary</u> shall appoint the director and such
    |
0004|     additional personnel as may be necessary, subject to such laws
    |
0005|     and practices as are applicable to appointment, service and
    |
0006|     compensation of employees of the state.  Under the general
    |
0007|     direction of the <s>[commissioner of labor]</s> <u>secretary</u>, the di-
    |
0008|     
    |
0009|     rector in furtherance of the duties specified shall:
    |
0010|              A.  encourage the voluntary participation of
    |
0011|     employers and employees in the furtherance of the objectives of
    |
0012|     Chapter 50, Article 7 NMSA 1978;
    |
0013|              B.  devise necessary procedures and records;
    |
0014|              C.  prepare statistical reports regarding
    |
0015|     apprenticeship;
    |
0016|              D.  issue information related to apprenticeship; and
    |
0017|              E.  perform such other duties as are necessary to
    |
0018|     carry out the intent of Chapter 50, Article 7 NMSA 1978."
    |
0019|         Section 89.  Section 50-8-2 NMSA 1978 (being Laws 1934
    |
0020|     (S.S.), Chapter 15, Section 2, as amended) is amended to read:
    |
0021|         "50-8-2.  AGENCY OF STATE FOR PURPOSE OF FEDERAL ACT.--
    |
0022|     The employment security <u>division of the workforce development</u>
    |
0023|     department is hereby designated and constituted the agency of
    |
0024|     the state of New Mexico for the purpose of <s>[such]</s> <u>the
</u>    |
<u></u>0025| <u>    federal</u> act, with full power to establish such public
    |
0001|     employment offices throughout the state of New Mexico as it may
    |
0002|     deem necessary to fully carry out the purposes, to employ such
    |
0003|     agents, clerks and employees as are necessary therefor, with
    |
0004|     full power to cooperate with all authorities of the United
    |
0005|     States having powers or duties under <s>[said]</s> <u>that</u> act of
    |
0006|     congress and to do and perform all things necessary to secure
    |
0007|     to this state the benefits of <s>[said]</s> <u>the federal</u> act in the
    |
0008|     promotion and maintenance of a system of public employment
    |
0009|     offices.  All funds made available to this state under <s>[said]</s>
    |
0010|     <u>that</u> act of congress shall, upon receipt thereof, be paid
    |
0011|     into the general fund of the state treasury and are hereby
    |
0012|     appropriated therefrom to be expended by the department as
    |
0013|     provided by the act of congress and by <s>[this act]</s> <u>Section
</u>    |
<u></u>0014| <u>    50-8-1 NMSA 1978 and this section</u>."
    |
0015|         Section 90.  Section 50-9-3 NMSA 1978 (being Laws 1972,
    |
0016|     Chapter 63, Section 3, as amended) is amended to read:
    |
0017|         "50-9-3.  DEFINITIONS.--As used in the Occupational
    |
0018|     Health and Safety Act:
    |
0019|              A.  "person" means any individual, partnership,
    |
0020|     firm, public or private corporation, association, trust,
    |
0021|     estate, political subdivision or agency or any other legal
    |
0022|     entity or their legal representatives, agents or assigns;
    |
0023|              B.  "employee" means an individual who is employed
    |
0024|     by an employer, but does not include a domestic employee or a
    |
0025|     volunteer nonsalaried firefighter;
    |
0001|              C.  "employer" means any person who has one or more
    |
0002|     employees, but does not include the United States;
    |
0003|              D.  "board" means the <s>[environmental improvement
</s>    |
<s></s>0004| <s>    board;]</s> <u>secretary of workforce development</u>;
    |
0005|              E.  "department" means the <u>workforce development</u>
    |
0006|     department <s>[of environment]</s>;
    |
0007|              F.  "place of employment" means any place, area or
    |
0008|     environment in or about which an employee is required or
    |
0009|     permitted to work;
    |
0010|              G.  "commission" means the occupational health and
    |
0011|     safety review commission established <s>[under]</s> <u>pursuant to
</u>    |
<u></u>0012| <u>    provisions of</u> the Occupational Health and Safety Act;
    |
0013|              H.  "chemical" means any element, chemical compound
    |
0014|     or mixture of elements or compounds;
    |
0015|              I.  "hazardous chemical" means any chemical or
    |
0016|     combination of chemicals that has been labeled hazardous by the
    |
0017|     chemical manufacturer, importer or distributor in accordance
    |
0018|     with regulations promulgated by the federal Occupational Safety
    |
0019|     and Health Act of 1970;
    |
0020|              J.  "label" means any written, printed or graphic
    |
0021|     material displayed on or affixed to containers of chemicals
    |
0022|     <s>[which]</s> <u>that</u> identifies the chemical as hazardous;
    |
0023|              K.  "material safety data sheet" means written or
    |
0024|     printed material concerning a hazardous chemical that contains
    |
0025|     information on the identity listed on the label, the chemical
    |
0001|     and common names of the hazardous ingredients, the physical and
    |
0002|     health hazards, the primary route of entry, the exposure
    |
0003|     limits, any generally applicable control measures, any
    |
0004|     emergency or first aid procedures, the date of preparation and
    |
0005|     the name, address and telephone number of the chemical
    |
0006|     manufacturer, importer, employer or other responsible party
    |
0007|     preparing or distributing the material safety data sheet;
    |
0008|              L.  "mobile work site" means any place of employment
    |
0009|     in standard industrial classification codes 13, oil and gas
    |
0010|     extraction, and 15 through 17, construction, where work is
    |
0011|     performed in a different location than the principal office in
    |
0012|     a fixed location used by the employer; and
    |
0013|              M.  "secretary" means the secretary of
    |
0014|     <s>[environment]</s> <u>workforce development</u>."
    |
0015|         Section 91.  Section 50-9-5.1 NMSA 1978 (being Laws 1987,
    |
0016|     Chapter 178, Section 3) is amended to read:
    |
0017|         "50-9-5.1.  EMPLOYER DUTIES--HAZARDOUS CHEMICALS.--
    |
0018|              A.  All incoming containers labeled as hazardous
    |
0019|     shall be subject to this section.  The employer shall not
    |
0020|     remove or deface any label <s>[which]</s> <u>that</u> indicates on an
    |
0021|     incoming container that a chemical is hazardous, unless the
    |
0022|     container is immediately marked with the required information.
    |
0023|              B.  Each employer shall obtain and maintain material
    |
0024|     safety data sheets for each chemical used in his place of
    |
0025|     employment and labeled as hazardous.  Each employer shall
    |
0001|     ensure that the information on material safety data sheets for
    |
0002|     hazardous chemicals is readily accessible to employees during
    |
0003|     each work shift.  The <s>[board]</s> <u>secretary</u> shall <u>adopt and</u>
    |
0004|     promulgate regulations <s>[which]</s> <u>that</u> assure reasonable
    |
0005|     compliance with this provision at mobile work sites.  If a
    |
0006|     material safety data sheet has not been supplied from the
    |
0007|     manufacturer, importer or distributor of the hazardous
    |
0008|     chemical, the employer shall obtain the material safety data
    |
0009|     sheet by writing the manufacturer, importer or distributor and
    |
0010|     requesting that he send the material safety data sheet
    |
0011|     immediately.
    |
0012|              C.  Each employer shall maintain a current inventory
    |
0013|     of all chemicals that have been labeled as hazardous in his
    |
0014|     place of employment.
    |
0015|              D.  Each employer shall develop and implement a
    |
0016|     written hazard communication program for his place of
    |
0017|     employment <s>[which]</s> <u>that</u> describes how the criteria
    |
0018|     specified for labels and other forms of warning, material
    |
0019|     safety data sheets and employee information and training will
    |
0020|     be met and <s>[which]</s> <u>that</u> also includes the following:
    |
0021|                  (1)  a list of the hazardous chemicals known to
    |
0022|     be present, using an identity that is referenced on the
    |
0023|     appropriate material safety data sheet.  The list may be
    |
0024|     compiled for the place of employment as a whole or for
    |
0025|     individual work areas;
    |
0001|                  (2)  the methods the employer will use to
    |
0002|     inform employees of the hazards of nonroutine tasks, for
    |
0003|     example, the cleaning of reactor vessels and the hazards
    |
0004|     associated with chemicals contained in unlabeled pipes in their
    |
0005|     work areas; and
    |
0006|                  (3)  the methods the employer will use to
    |
0007|     inform any contract employers whose employees work in the
    |
0008|     employer's place of business of the hazardous chemicals their
    |
0009|     employees may be exposed to while performing their work and any
    |
0010|     suggestions for appropriate protective measures.
    |
0011|         The employer may rely on an existing hazard communication
    |
0012|     program to comply with these requirements provided that it
    |
0013|     meets the provisions of this subsection.  The employer shall
    |
0014|     make the written hazard communication program available upon
    |
0015|     request to employees, their designated representatives and the
    |
0016|     occupational health and safety bureau of the <s>[environmental
</s>    |
<s></s>0017| <s>    improvement division of the health and environment]</s> de-
    |
0018|     
    |
0019|     partment.
    |
0020|              E.  Each employer shall provide employees with
    |
0021|     information and training on hazardous chemicals they use or may
    |
0022|     become exposed to during the course of employment.
    |
0023|              F.  The requirements of Subsection E of this section
    |
0024|     shall not apply to any hazardous chemical received by an
    |
0025|     employer in a sealed package or container and subsequently sold
    |
0001|     or transferred if the seal is maintained.
    |
0002|              G.  Nothing in this section shall supersede any
    |
0003|     other requirements in the Occupational Health and Safety Act."
    |
0004|         Section 92.  Section 50-9-6 NMSA 1978 (being Laws 1972,
    |
0005|     Chapter 63, Section 6, as amended) is amended to read:
    |
0006|         "50-9-6.  TRAINING--ASSISTANCE--CONSULTATION--RESEARCH.--
    |
0007|              A.  The department shall provide for the
    |
0008|     establishment and supervision of programs for the education and
    |
0009|     training of employers and employees in the recognition,
    |
0010|     avoidance and prevention of unsafe working conditions in
    |
0011|     employment and places of employment and consult with, advise
    |
0012|     and assist employers and employees about effective means of
    |
0013|     preventing occupational injuries and illnesses.
    |
0014|              B.  Upon an employer's request, the department shall
    |
0015|     provide an on-site consultation inspection of conditions and
    |
0016|     practices of the employer's <s>[work place]</s> <u>workplace</u> without
    |
0017|     issuing citations or proposing penalties for violations noted,
    |
0018|     provided that imminent danger situations found during the on-
    |
0019|     site consultative visit <s>[must]</s> <u>shall</u> be pointed out to the
    |
0020|     employer.  In the event the imminent danger is pointed out by
    |
0021|     the department consultant but immediate steps are not taken by
    |
0022|     the employer to eliminate <s>[such]</s> <u>the</u> danger, the emergency
    |
0023|     procedures provided in Section 50-9-14 NMSA 1978 shall be
    |
0024|     pursued by the department to assure timely abatement of the
    |
0025|     imminent danger situation.
    |
0001|              C.  The secretary is responsible for programs
    |
0002|     involving research in occupational health and safety, for
    |
0003|     surveys and recommendations for occupational health and safety
    |
0004|     programs and for promotional, educational and advisory
    |
0005|     activities in occupational health and safety.
    |
0006|              D.  The <s>[board or the]</s> secretary may appoint
    |
0007|     special committees composed of technicians or professionals
    |
0008|     specializing in occupational health or safety to assist in
    |
0009|     carrying out the objectives of the Occupational Health and
    |
0010|     Safety Act.  Members of such committees shall be reimbursed as
    |
0011|     provided in the Per Diem and Mileage Act."
    |
0012|         Section 93.  Section 50-9-7 NMSA 1978 (being Laws 1972,
    |
0013|     Chapter 63, Section 7, as amended) is amended to read:
    |
0014|         "50-9-7.  DUTIES AND POWERS OF THE <s>[BOARD]</s>
    |
0015|     <u>SECRETARY</u>.--
    |
0016|              A.  The <s>[board]</s> <u>secretary</u> shall <u>adopt and</u>
    |
0017|     promulgate regulations that are and will continue to be at
    |
0018|     least as effective as standards promulgated pursuant to the
    |
0019|     federal Occupational Safety and Health Act of 1970 to prevent
    |
0020|     or abate detriment to the health and safety of employees.  In
    |
0021|     adopting, amending and repealing <s>[its]</s> <u>his</u> regulations, the
    |
0022|     <s>[board]</s> <u>secretary</u> shall provide an opportunity for
    |
0023|     representatives of employers and employees affected by the
    |
0024|     regulations to be heard and shall give weight it deems
    |
0025|     appropriate to all relevant facts and circumstances presented
    |
0001|     at the public hearing, including but not limited to:
    |
0002|                  (1)  character and degree of injury to or
    |
0003|     interference with the health and safety of employees proposed
    |
0004|     to be abated or prevented by the regulation;
    |
0005|                  (2)  technical practicability and economic
    |
0006|     reasonableness of the regulation and the existence of
    |
0007|     alternatives to the prevention or abatement of detriment to the
    |
0008|     health and safety of employees proposed by the regulation; and
    |
0009|                  (3)  the public interest, including the social
    |
0010|     and economic effects of work-related accidents, injuries and
    |
0011|     illnesses.
    |
0012|              B.  In promulgating regulations dealing with toxic
    |
0013|     materials or harmful physical agents, the <s>[board]</s> <u>secretary</u>
    |
0014|     shall provide regulations that most adequately assure to the
    |
0015|     extent feasible, on the basis of the best available technology,
    |
0016|     that no employee will suffer material impairment of health or
    |
0017|     functional capacity even if the employee has regular exposure
    |
0018|     to the hazard dealt with by the regulations for a period of his
    |
0019|     working life.  Whenever practicable, the regulation promulgated
    |
0020|     shall be expressed in terms of objective criteria and of the
    |
0021|     performance desired.
    |
0022|              C.  The regulation shall prescribe the use of labels
    |
0023|     or other appropriate forms of warning as are necessary to
    |
0024|     <s>[insure]</s> <u>ensure</u> that employees are apprised of all hazards
    |
0025|     to which they are exposed, relevant symptoms and appropriate
    |
0001|     emergency treatment and proper conditions and precautions of
    |
0002|     safe use or exposure.  Where appropriate, the standard shall
    |
0003|     also prescribe suitable protective equipment and control or
    |
0004|     technological procedures to be used in connection with the
    |
0005|     hazards and shall provide for monitoring or measuring employee
    |
0006|     exposure at such locations and intervals and in such manner as
    |
0007|     may be necessary for the protection of employees.  In addition,
    |
0008|     where appropriate, any such standard shall prescribe the type
    |
0009|     and frequency of medical examinations or other tests <s>[which]</s>
    |
0010|     <u>that</u> shall be made available, by the employer or at his cost,
    |
0011|     to employees exposed to the hazards in order to most
    |
0012|     effectively determine whether the health of the employees is
    |
0013|     adversely affected by the exposure.  Cost of medical
    |
0014|     examinations for research as ordered by the secretary shall be
    |
0015|     paid for by the department.  Results of examinations shall be
    |
0016|     made available to the secretary, to the employer and, upon the
    |
0017|     request of the employee, to the employee's physician.  The
    |
0018|     <s>[board]</s> <u>secretary</u> may make appropriate modifications in the
    |
0019|     foregoing requirements relating to the use of labels or other
    |
0020|     forms of warning, monitoring or measuring and medical
    |
0021|     examinations as may be warranted by experience, information or
    |
0022|     medical or technological developments acquired subsequent to
    |
0023|     the promulgation of the relevant standard."
    |
0024|         Section 94.  Section 50-9-10 NMSA 1978 (being Laws 1972,
    |
0025|     Chapter 63, Section 9, as amended) is amended to read:
    |
0001|         "50-9-10.  RIGHT OF ENTRY AND INSPECTION--COMPLAINTS--
    |
0002|     CONSULTATION--NOTIFICATION.--
    |
0003|              A.  In order to carry out the purposes of the
    |
0004|     Occupational Health and Safety Act, the department's authorized
    |
0005|     representatives, upon presenting appropriate credentials to the
    |
0006|     owner, operator or agent in charge, are authorized to and may:
    |
0007|                  (1)  enter and inspect any place of employment
    |
0008|     at reasonable times and without delay; and
    |
0009|                  (2)  question privately the employer and
    |
0010|     employees and to inspect and investigate during regular working
    |
0011|     hours and at other reasonable times and within reasonable
    |
0012|     limits and in a reasonable manner, the place of employment and
    |
0013|     all pertinent conditions, structures, machines, apparatus,
    |
0014|     devices, equipment and materials therein.  The department's
    |
0015|     representative is not authorized to question privately the
    |
0016|     employer or employees until the <s>[board]</s> <u>secretary</u> has
    |
0017|     adopted regulations protecting the rights of <s>[such]</s> <u>the</u>
    |
0018|     employer and employees.
    |
0019|              B.  Any employee or representative of employees may
    |
0020|     file a written complaint with the department concerning any
    |
0021|     alleged violation of a regulation or any hazardous condition. 
    |
0022|     A copy of the complaint shall be provided to the employer at
    |
0023|     the time of the inspection.  However, upon the request of the
    |
0024|     complainant, the complainant's <u>name</u> shall not appear on the
    |
0025|     copy.  The department shall investigate the complaint and
    |
0001|     notify the complainant and employer in writing of the results
    |
0002|     of the investigation and any action to be taken.  If no action
    |
0003|     is contemplated, the department shall notify the complainant
    |
0004|     and include in the notice the reasons therefor.  The department
    |
0005|     shall provide for the informal review of decisions not to take
    |
0006|     compliance action at the request of the complainant.  The
    |
0007|     review shall not be by those who investigated the complaint.
    |
0008|              C.  In order to aid inspections, a representative of
    |
0009|     the employer and a representative authorized by employees shall
    |
0010|     be given an opportunity to accompany the department inspector
    |
0011|     during the physical inspection of the <s>[work place]</s>
    |
0012|     <u>workplace</u>.  If there is no authorized employee
    |
0013|     representative, the department inspector shall consult with a
    |
0014|     reasonable number of employees.
    |
0015|              D.  Prior to or during any inspection of a <s>[work
</s>    |
<s></s>0016| <s>    place]</s> <u>workplace</u>, any employees or representative of
    |
0017|     employees employed in <s>[such work place]</s> <u>the workplace</u> may
    |
0018|     notify the department or the department inspector in writing of
    |
0019|     any violation of the Occupational Health and Safety Act
    |
0020|     <s>[which]</s> <u>that</u> they have reason to believe exists in <s>[such
</s>    |
<s></s>0021| <s>    work place]</s> <u>the workplace</u>.  The department shall establish
    |
0022|     procedures for informal review of the decision made by the
    |
0023|     inspector, and, if no citation is issued with respect to the
    |
0024|     alleged violation, it shall furnish the employee requesting
    |
0025|     <s>[such]</s> <u>the</u> review a written statement of the reasons for
    |
0001|     the department's final disposition of the case.
    |
0002|              E.  If an inspection reveals that employees are
    |
0003|     exposed to toxic materials or harmful physical agents at levels
    |
0004|     in excess of those prescribed by regulations of the <s>[board]</s>
    |
0005|     <u>secretary</u>, the department shall provide the employees with
    |
0006|     access to the results of the inspection.  The employer shall
    |
0007|     promptly notify the employees who are being exposed to the
    |
0008|     agents or materials in excess of the applicable regulations and
    |
0009|     inform them of the corrective action being taken or that review
    |
0010|     has been requested in accordance with Section 50-9-17 NMSA
    |
0011|     1978.
    |
0012|              F.  It is unlawful for any person to give advance
    |
0013|     notice of any inspection to be conducted under the Occupational
    |
0014|     Health and Safety Act without the written approval of the
    |
0015|     secretary or the secretary's authorized representative.
    |
0016|              G.  The <s>[board]</s> <u>secretary</u> shall adopt
    |
0017|     regulations to implement this section."
    |
0018|         Section 95.  Section 50-9-11 NMSA 1978 (being Laws 1972,
    |
0019|     Chapter 63, Section 10, as amended) is amended to read:
    |
0020|         "50-9-11.  REPORTS AND <s>[RECORD KEEPING]</s> <u>RECORDKEEPING</u>
    |
0021|     BY EMPLOYERS.--
    |
0022|              A.  An employer shall keep such records and make
    |
0023|     such reports to the department as the <s>[board]</s> <u>secretary</u>, by
    |
0024|     regulation, may require to carry out the purposes of the
    |
0025|     Occupational Health and Safety Act. <s>[Such]</s> <u>The</u> regulation
    |
0001|     regarding records and reports shall be at least as effective as
    |
0002|     and consistent with the occupational safety and health record
    |
0003|     and report requirements of the United States department of
    |
0004|     labor.  These records and reports shall be obtained with a
    |
0005|     minimum burden upon employers, especially those operating small
    |
0006|     businesses.  Unnecessary duplication of efforts in obtaining
    |
0007|     information shall be reduced to the maximum extent feasible.
    |
0008|              B.  Employers shall maintain accurate records of
    |
0009|     employee exposures to potentially toxic material or harmful
    |
0010|     physical agents <s>[which]</s> <u>that</u> are required to be monitored
    |
0011|     or measured as the <s>[board]</s> <u>secretary</u> may prescribe by
    |
0012|     regulations.  Employees and their representatives shall be
    |
0013|     given an opportunity to observe <s>[such]</s> <u>the</u> monitoring and
    |
0014|     measuring.  Employees and former employees shall be granted
    |
0015|     access to their own records as will indicate their own exposure
    |
0016|     to toxic material or harmful agents.  Each employer shall
    |
0017|     promptly notify any employee who has been or is being exposed
    |
0018|     to toxic materials or harmful physical agents in concentrations
    |
0019|     or levels that exceed those prescribed by an applicable
    |
0020|     regulation adopted pursuant to the Occupational Health and
    |
0021|     Safety Act and shall inform any employee who is being thus
    |
0022|     exposed of the corrective action being taken.  Employers shall
    |
0023|     retain the records of exposure of employees to specific toxic
    |
0024|     material and harmful agents for periods of time to be specified
    |
0025|     in regulations."
    |
0001|         Section 96.  Section 50-9-12 NMSA 1978 (being Laws 1972,
    |
0002|     Chapter 63, Section 11, as amended) is amended to read:
    |
0003|         "50-9-12.  ADOPTION OF REGULATIONS--NOTICE AND HEARING.--
    |
0004|              A.  Any person may recommend or propose regulations
    |
0005|     to the <s>[board]</s> <u>secretary</u> for <s>[promulgation]</s> <u>adoption</u>. 
    |
0006|     The <s>[board]</s> <u>secretary</u> shall determine whether to hold a
    |
0007|     hearing within sixty days of submission of a proposed
    |
0008|     regulation.
    |
0009|              B.  No regulations shall be adopted, amended or
    |
0010|     repealed until after a public hearing by the <s>[board]</s>
    |
0011|     <u>secretary or a hearing officer designated by him</u>.  Notice of
    |
0012|     the hearing shall be given at least thirty days prior to the
    |
0013|     hearing date and shall state the subject, time and place of the
    |
0014|     hearing and the manner in which interested persons may secure
    |
0015|     copies of any regulations proposed to be adopted, amended or
    |
0016|     repealed.  The notice shall be published in a newspaper of
    |
0017|     general circulation in the state.  Reasonable effort shall be
    |
0018|     made to give notice to all persons who have made a written
    |
0019|     request to the <s>[board]</s> <u>secretary</u> for advance notice of
    |
0020|     hearings.  At the hearing, the <s>[board]</s> <u>secretary</u> shall
    |
0021|     allow all interested persons reasonable opportunity to submit
    |
0022|     data, views or arguments orally or in writing.  Any person
    |
0023|     heard or represented at the hearing shall be given written
    |
0024|     notice of the action by the <s>[board]</s> <u>secretary</u>.  The
    |
0025|     <s>[board]</s> <u>secretary</u> may designate a hearing officer to take
    |
0001|     evidence in the hearing and present the evidence to <s>[the
</s>    |
<s></s>0002| <s>    board]</s> <u>him</u>.  A record shall be made of each hearing. 
    |
0003|              C.  Notwithstanding the provisions of Subsection B
    |
0004|     of this section, the secretary may adopt an emergency
    |
0005|     regulation to take immediate effect upon its filing under the
    |
0006|     State Rules Act if the secretary determines:
    |
0007|                  (1)  that employees are exposed to grave danger
    |
0008|     from exposure to substances or agents determined to be toxic or
    |
0009|     physically harmful or from new hazards; and
    |
0010|                  (2)  that the emergency regulation is necessary
    |
0011|     to protect employees from the danger.
    |
0012|              D.  The emergency regulation shall be effective
    |
0013|     until superseded by a final regulation promulgated in
    |
0014|     accordance with the procedures prescribed in Subsection B of
    |
0015|     this section.  The final regulation shall be promulgated within
    |
0016|     one hundred twenty days of the date of promulgation of the
    |
0017|     relevant emergency regulation.
    |
0018|              E.  If the emergency regulation is promulgated in
    |
0019|     response to an emergency temporary standard issued pursuant to
    |
0020|     the federal Occupational Safety and Health Act of 1970, <s>[then
</s>    |
<s></s>0021| <s>    such]</s> <u>the emergency</u> regulation shall only be enforceable to
    |
0022|     the same extent as the federal emergency temporary standard.
    |
0023|              F.  If the federal emergency temporary standard is
    |

0024|     superseded by a federal permanent standard, <s>[then]</s> the state
    |
0025|     emergency regulation shall remain in effect for an additional
    |
0001|     one hundred twenty days after promulgation of the superseding
    |
0002|     standard.  During this additional one hundred twenty days, the
    |
0003|     <s>[board]</s> <u>secretary</u> shall promulgate a regulation in
    |
0004|     accordance with the procedures prescribed in Subsection B of
    |
0005|     this section."
    |
0006|         Section 97.  Section 50-9-13 NMSA 1978 (being Laws 1972,
    |
0007|     Chapter 63, Section 12, as amended) is amended to read:
    |
0008|         "50-9-13.  ADOPTING STANDARDS BY REFERENCE.--In the event
    |
0009|     the <s>[board]</s> <u>secretary</u> wishes to adopt regulations that are
    |
0010|     identical with standards approved by an agency of the federal
    |
0011|     government, <s>[the board]</s> <u>he may</u>, after notice and hearing,
    |
0012|     <s>[may]</s> adopt the regulations by reference to the standards
    |
0013|     without setting forth the provisions of the standards."
    |
0014|         Section 98.  Section 50-9-15 NMSA 1978 (being Laws 1972,
    |
0015|     Chapter 63, Section 14, as amended) is amended to read:
    |
0016|         "50-9-15.  VALIDITY OF REGULATION--VARIANCE
    |
0017|     DETERMINATION--JUDICIAL REVIEW.--
    |
0018|              A.  Any person who is or may be affected by a
    |
0019|     regulation adopted by the <s>[board]</s> <u>secretary</u> may appeal to
    |
0020|     the court of appeals for further relief.  All appeals shall be
    |
0021|     upon the record made at the hearing and shall be <s>[taken to]</s>
    |
0022|     <u>filed in</u> the court of appeals within thirty days after filing
    |
0023|     of the regulation under the State Rules Act.  The <s>[board]</s>
    |
0024|     <u>secretary</u> shall be <s>[made]</s> a party to the action.
    |
0025|              B.  A variance petitioner may appeal to the court of
    |
0001|     appeals from an order of the department denying the variance. 
    |
0002|     All appeals shall be upon the record made at the hearing and
    |
0003|     shall be taken to the court of appeals within thirty days from
    |
0004|     the date the order is made.  The department shall be <s>[made]</s> a
    |
0005|     party to the action.
    |
0006|              C.  Upon appeal, the court of appeals shall set
    |
0007|     aside a regulation or order only if found to be:
    |
0008|                  (1)  arbitrary, capricious or an abuse of
    |
0009|     discretion;
    |
0010|                  (2)  not supported by substantial evidence in
    |
0011|     the record; or
    |
0012|                  (3)  otherwise not in accordance with law."
    |
0013|         Section 99.  Section 50-9-22 NMSA 1978 (being Laws 1972,
    |
0014|     Chapter 63, Section 21, as amended) is amended to read:
    |
0015|         "50-9-22.  PREEMPTION.--
    |
0016|              A.  Nothing in the Occupational Health and Safety
    |
0017|     Act shall affect the jurisdiction of any state agency or any
    |
0018|     political subdivision performing like functions or exercising
    |
0019|     like responsibilities with regard to occupational health and
    |
0020|     safety matters except as provided in Subsection B or C of this
    |
0021|     section.
    |
0022|              B.  Whenever the <s>[board]</s> <u>secretary</u> prescribes or
    |
0023|     adopts a regulation under the procedures provided in the
    |
0024|     Occupational Health and Safety Act, the regulation shall, when
    |
0025|     a copy thereof is filed with the clerk of the political
    |
0001|     subdivision to which it applies, establish a minimum
    |
0002|     requirement concerning the matters covered by the regulation
    |
0003|     and shall be construed in connection with any local requirement
    |
0004|     relative to the same matter.  The regulation of the <s>[board]</s>
    |
0005|     <u>secretary</u> amends or modifies any requirement of the local
    |
0006|     standard <s>[which]</s> <u>that</u> does not meet the regulation.
    |
0007|              C.  The Occupational Health and Safety Act and
    |
0008|     regulations promulgated under it, and not the acts and
    |
0009|     regulations enforced by the state mine inspector, shall apply
    |
0010|     to places of employment subject to the jurisdiction of the
    |
0011|     United States department of labor acting under the provisions
    |
0012|     of the Occupational Safety and Health Act of 1970 <s>[(84 Stat.
</s>    |
<s></s>0013| <s>    1590)]</s>, as amended.
    |
0014|              D.  Compliance with a regulation of the <s>[board]</s>
    |
0015|     <u>secretary</u> does not relieve any person from the obligation to
    |
0016|     comply with a stricter state agency or political subdivision
    |
0017|     health or safety requirement, but the state agency or political
    |
0018|     subdivision shall be responsible for the enforcement of the
    |
0019|     health and safety requirements established by that state agency
    |
0020|     or local authority."
    |
0021|         Section 100.  Section 51-1-2 NMSA 1978 (being Laws 1979,
    |
0022|     Chapter 280, Section 11, as amended) is amended to read:
    |
0023|         "51-1-2.  DEFINITIONS.--As used in the Unemployment
    |
0024|     Compensation Law:
    |
0025|              A.  "department" means the <s>[labor]</s> <u>workforce
</u>    |
<u></u>0001| <u>    development</u> department;
    |
0002|              B.  "division" means the employment security
    |
0003|     division of the <s>[labor]</s> department; and
    |
0004|              C.  "secretary" means the secretary of <s>[labor]</s>
    |
0005|     <u>workforce development</u>."
    |
0006|         Section 101.  Section 51-1-4 NMSA 1978 (being Laws 1969,
    |
0007|     Chapter 213, Section 1, as amended) is amended to read:
    |
0008|         "51-1-4.  MONETARY COMPUTATION OF BENEFITS--PAYMENT
    |
0009|     GENERALLY.--
    |
0010|              A.  All benefits provided herein are payable from
    |
0011|     the unemployment compensation fund.  All benefits shall be paid
    |
0012|     in accordance with such regulations as the secretary may
    |
0013|     prescribe through employment offices or other agencies as the
    |
0014|     secretary may by general rule approve.
    |
0015|              B.  Weekly benefits shall be as follows:
    |
0016|                  (1)  an individual's "weekly benefit amount" is
    |
0017|     an amount equal to one twenty-sixth of the total wages for
    |
0018|     insured work paid to him in that quarter of his base period in
    |
0019|     which total wages were highest.  No benefit as so computed may
    |
0020|     be less than ten percent or more than fifty percent of the
    |
0021|     state's average weekly wage for all insured work.  The state's
    |
0022|     average weekly wage shall be computed from all wages reported
    |
0023|     to the <s>[department]</s> <u>division</u> from employing units in
    |
0024|     accordance with regulations of the secretary for the period
    |
0025|     ending June 30 of each calendar year divided by the total
    |
0001|     number of covered employees divided by fifty-two, effective for
    |
0002|     the benefit years commencing on or after the first Sunday of
    |
0003|     the following calendar year.  Any such individual is not
    |
0004|     eligible to receive benefits unless his total base-period wages
    |
0005|     equal at least one and one-fourth times the wages for insured
    |
0006|     work in that quarter of his base period in which such wages are
    |
0007|     highest;
    |
0008|                  (2)  each eligible individual who is unemployed
    |
0009|     in any week during which he is in a continued claims status
    |
0010|     shall be paid, with respect to such week, a benefit in an
    |
0011|     amount equal to his weekly benefit amount, less that part of
    |
0012|     the wages, if any, or earnings from self-employment, payable to
    |
0013|     him with respect to such week <s>[which]</s> <u>that</u> is in excess of
    |
0014|     one-fifth of his weekly benefit amount.  For purposes of this
    |
0015|     subsection only, "wages" includes all remuneration for services
    |
0016|     actually performed in any week for which benefits are claimed,
    |
0017|     vacation pay for any period for which the individual has a
    |
0018|     definite return-to-work date, wages in lieu of notice and back
    |
0019|     pay for loss of employment but does not include payments
    |
0020|     through a court for time spent in jury service;
    |
0021|                  (3)  notwithstanding any other provision of
    |
0022|     this section, each eligible individual who, pursuant to a plan
    |
0023|     financed in whole or in part by a base-period employer of such
    |
0024|     individual, is receiving a governmental or other pension,
    |
0025|     retirement pay, annuity or any other similar periodic payment
    |
0001|     that is based on the previous work of such individual and who
    |
0002|     is unemployed with respect to any week ending subsequent to
    |
0003|     April 9, 1981 shall be paid with respect to such week, in
    |
0004|     accordance with regulations prescribed by the secretary,
    |
0005|     compensation equal to his weekly benefit amount reduced, but
    |
0006|     not below zero, by the prorated amount of such pension,
    |
0007|     retirement pay, annuity or other similar periodic payment that
    |
0008|     exceeds the percentage contributed to the plan by the eligible
    |
0009|     individual.  The maximum benefit amount payable to such
    |
0010|     eligible individual shall be an amount not more than twenty-six
    |
0011|     times his reduced weekly benefit amount.  If payments referred
    |
0012|     to in this section are being received by any individual under
    |
0013|     the federal Social Security Act, the division shall take into
    |
0014|     account the individual's contribution and make no reduction in
    |
0015|     the weekly benefit amount;
    |
0016|                  (4)  in the case of a lump-sum payment of a
    |
0017|     pension, retirement or retired pay, annuity or other similar
    |
0018|     payment by a base-period employer that is based on the previous
    |
0019|     work of such individual, such payment shall be allocated, in
    |
0020|     accordance with regulations prescribed by the secretary, and
    |
0021|     shall reduce the amount of unemployment compensation paid, but
    |
0022|     not below zero, in accordance with Paragraph (3) of this
    |
0023|     subsection; and
    |
0024|                  (5)  the retroactive payment of a pension,
    |
0025|     retirement or retired pay, annuity or any other similar
    |
0001|     periodic payment as provided in Paragraphs (3) and (4) of this
    |
0002|     subsection attributable to weeks during which an individual has
    |
0003|     claimed or has been paid unemployment compensation shall be
    |
0004|     allocated to such weeks and shall reduce the amount of
    |
0005|     unemployment compensation for such weeks, but not below zero,
    |
0006|     by an amount equal to the prorated amount of such pension.  Any
    |
0007|     overpayment of unemployment compensation benefits resulting
    |
0008|     from the application of the provisions of this paragraph shall
    |
0009|     be recovered from the claimant in accordance with the
    |
0010|     provisions of Section 51-1-38 NMSA 1978.
    |
0011|              C.  Any otherwise eligible individual is entitled
    |
0012|     during any benefit year to a total amount of benefits equal to
    |
0013|     whichever is the lesser of twenty-six times his weekly benefit
    |
0014|     amount or sixty percent of his wages for insured work paid
    |
0015|     during his base period.
    |
0016|              D.  Any benefit as determined in Subsection B or C
    |
0017|     of this section, if not a multiple of one dollar ($1.00), shall
    |
0018|     be rounded to the next lower multiple of one dollar ($1.00).
    |
0019|              E.  The secretary may prescribe regulations to
    |
0020|     provide for the payment of benefits that are due and payable to
    |
0021|     the legal representative, dependents, relatives or next of kin
    |
0022|     of claimants since deceased.  These regulations need not
    |
0023|     conform with the laws governing successions, and the payment
    |
0024|     shall be deemed a valid payment to the same extent as if made
    |
0025|     under a formal administration of the succession of the
    |
0001|     claimant.
    |
0002|              F.  The division, on its own initiative, may
    |
0003|     reconsider a monetary determination whenever it is determined
    |
0004|     that an error in computation or identity has occurred or that
    |
0005|     wages of the claimant pertinent to such determination but not
    |
0006|     considered have been newly discovered or that the benefits have
    |
0007|     been allowed or denied on the basis of misrepresentation of
    |
0008|     fact, but no redetermination shall be made after one year from
    |
0009|     the date of the original monetary determination.  Notice of a
    |
0010|     redetermination shall be given to all interested parties and
    |
0011|     shall be subject to an appeal in the same manner as the
    |
0012|     original determination.  In the event that an appeal involving
    |
0013|     an original monetary determination is pending at the time a
    |
0014|     redetermination is issued, the appeal, unless withdrawn, shall
    |
0015|     be treated as an appeal from such redetermination."
    |
0016|         Section 102.  Section 51-1-34 NMSA 1978 (being Laws 1936
    |
0017|     (S.S.), Chapter 1, Section 13, as amended) is amended to read:
    |
0018|         "51-1-34.  ADMINISTRATION FUNDS.--
    |
0019|              A.  There is created a special fund to be held in
    |
0020|     the custody of the state treasurer and known as the
    |
0021|     "unemployment compensation administration fund".
    |
0022|                  (1)  All money paid into the fund is available
    |
0023|     to the secretary.  All money in the fund shall be expended
    |
0024|     solely for the purposes and in the amount found necessary by
    |
0025|     the secretary of labor of the United States <s>[of America]</s> for
    |
0001|     the administration of the Unemployment Compensation Law. 
    |
0002|     Except as provided in Subsection B of this section, the fund
    |
0003|     shall consist of money appropriated by the state, and all money
    |
0004|     received from the federal government or any of its agencies,
    |
0005|     including the department of labor of the United States <s>[of
</s>    |
<s></s>0006| <s>    America]</s>, the railroad retirement board or from any other
    |
0007|     source for such purpose.  Money received from the railroad
    |
0008|     retirement board as compensation for services or facilities
    |
0009|     supplied to the board shall be paid into the fund.  All money
    |
0010|     in the fund shall be deposited, administered and disbursed in
    |
0011|     accordance with the Unemployment Compensation Law and
    |
0012|     regulations, except that money in the fund shall not be
    |
0013|     commingled with other state funds but shall be maintained in a
    |
0014|     separate account on the books of the depository.  Any balance
    |
0015|     in the fund shall not lapse at any time but shall be
    |
0016|     continuously available for expenditure consistent with the
    |
0017|     Unemployment Compensation Law.  Such money is subject to the
    |
0018|     general laws applicable to the deposit of public money in New
    |
0019|     Mexico, and collateral pledged shall be maintained in a
    |
0020|     separate custody account.
    |
0021|                  (2)  If Section 303(a)(5) of Title 3 of the
    |
0022|     Social Security Act and Section 3304(a)(4) of the Internal
    |
0023|     Revenue Code are amended to permit a state agency to use, in
    |
0024|     financing administrative expenditures incurred in carrying out
    |
0025|     its employment security functions, some part of the money
    |
0001|     collected, or to be collected, under the Unemployment
    |
0002|     Compensation Law, in partial or complete substitution for
    |
0003|     grants under Title 3, then the Unemployment Compensation Law
    |
0004|     shall be modified by proclamation and by general rules in the
    |
0005|     manner and to the extent and within the limits necessary to
    |
0006|     permit such use under the Unemployment Compensation Law, and
    |
0007|     the modification is effective on the same date as the use is
    |
0008|     permissible under federal amendments.
    |
0009|              B.  There is created a special fund to be held in
    |
0010|     the custody of the state treasurer and known as the "employment
    |
0011|     security <s>[department]</s> <u>division</u> fund".
    |
0012|                  (1)  The fund is separate from the unemployment
    |
0013|     compensation administration fund.
    |
0014|                  (2)  All money paid into the employment
    |
0015|     security <s>[department]</s> <u>division</u> fund may be expended only
    |
0016|     pursuant to an appropriation by the legislature or specific
    |
0017|     provision of law.  The <s>[department]</s> <u>division</u> shall submit
    |
0018|     its annual budget for expenditures from the fund in accordance
    |
0019|     with the rules and regulations established by the department of
    |
0020|     finance and administration governing the submission of budgets
    |
0021|     by state agencies.  All balances in the fund at the end of the
    |
0022|     fiscal year <s>[which]</s> <u>that</u> have not been appropriated for
    |
0023|     expenditure shall remain in the fund and be invested by the
    |
0024|     state treasurer until appropriated by the legislature.  The
    |
0025|     money in the fund, except for refunds of interest and penalties
    |
0001|     erroneously collected, and except for fiscal-year balances,
    |
0002|     shall be expended solely for the purposes and in the amount
    |
0003|     found necessary for the payment of the costs of administration
    |
0004|     not chargeable against federal grants or other funds received
    |
0005|     for the unemployment compensation administration fund.  Nothing
    |
0006|     in this section shall prevent the unencumbered money of the
    |
0007|     fund from being used as a revolving fund to cover necessary and
    |
0008|     proper expenditures for which federal funds have been duly
    |
0009|     requested but not yet received, subject to the charging of such
    |
0010|     expenditures against such funds when received.  Money shall not
    |
0011|     be expended or made available for expenditure in any manner
    |
0012|     <s>[which]</s> <u>that</u> would permit its substitution for, or cause a
    |
0013|     corresponding reduction in, federal funds <s>[which]</s> <u>that</u>
    |
0014|     would be available, in the absence of such money, to finance
    |
0015|     expenditures for the administration of the Unemployment
    |
0016|     Compensation Law.  The fund shall consist of all interest
    |
0017|     collected on delinquent contributions and all penalties
    |
0018|     provided by the Unemployment Compensation Law and all other
    |
0019|     money received for the fund from any other source.  All money
    |
0020|     in the fund shall be deposited, administered and disbursed in
    |
0021|     accordance with this section, except that money in the fund
    |
0022|     shall not be commingled with other state funds but shall be
    |
0023|     maintained in a separate account on the books of the depository
    |
0024|     and is subject to the general laws applicable to the deposit of
    |
0025|     public money in New Mexico, and collateral pledged shall be
    |
0001|     maintained in a separate custody account.
    |
0002|              C.  The state treasurer is liable on his official
    |
0003|     bond for the faithful performance of his duties in connection
    |
0004|     with the funds created by Subsections A and B of this section,
    |
0005|     in addition to the liability upon all other bonds."
    |
0006|         Section 103.  Section 51-1-36 NMSA 1978 (being Laws 1936
    |
0007|     (S.S.), Chapter 1, Section 14, as amended) is amended to read:
    |
0008|         "51-1-36.  COLLECTION OF CONTRIBUTIONS.--
    |
0009|              A.  Contributions unpaid on the date on which they
    |
0010|     are due and payable shall bear interest at the rate of one
    |
0011|     percent per month from and after such date until payment is
    |
0012|     received by the division. Interest collected pursuant to this
    |
0013|     subsection shall be paid into the employment security
    |
0014|     <s>[department]</s> <u>division</u> fund.
    |
0015|              B.  If, after due notice, any employer defaults in
    |
0016|     any payment of contributions or interest thereon, the amount
    |
0017|     due shall be collected by civil action in the name of the
    |
0018|     division, and the employer adjudged in default shall pay the
    |
0019|     costs of such action.  Civil actions brought under this section
    |
0020|     to collect contributions or interest thereon from an employer
    |
0021|     shall be heard by the court at the earliest possible date and
    |
0022|     shall be entitled to preference on the calendar of the court
    |
0023|     over all other civil actions except petitions for judicial
    |
0024|     review under this act and worker's compensation cases arising
    |
0025|     under Sections 52-1-1 through 52-2-13 NMSA 1978 or in the
    |
0001|     discretion of the secretary.  If any contribution or any
    |
0002|     portion thereof or any interest or penalty imposed by the
    |
0003|     Unemployment Compensation Law is not paid within thirty days
    |
0004|     after the same becomes due, the secretary shall, after due
    |
0005|     notice and opportunity to be heard in accordance with
    |
0006|     regulations, issue a warrant under its official seal, directed
    |
0007|     to the sheriff of any county of the state commanding him to
    |
0008|     levy upon and sell the real and personal property of the person
    |
0009|     owning the same, found within his county, of the payment of the
    |
0010|     amount due and an added amount of ten percent of the
    |
0011|     contribution in addition to any other penalties imposed and
    |
0012|     costs of executing the warrant, and to return such warrant to
    |
0013|     the secretary and pay to him the money collected by virtue
    |
0014|     thereof, by the time to be therein specified, not more than
    |
0015|     thirty days from the date of the warrant.  In the event the
    |
0016|     division does not know the amount of contribution due, and the
    |
0017|     employer from whom the same is due refuses or fails to make
    |
0018|     reports showing what he or it claims for the amount of
    |
0019|     contributions <s>[which]</s> <u>that</u> it believes to be due, and the
    |
0020|     division files the warrant for the estimated amount, mailing
    |
0021|     notice to the employer stating that it is estimating the amount
    |
0022|     of contribution due and giving the estimated amount in the
    |
0023|     notice, the warrant and estimated amount shown therein shall
    |
0024|     have the same effect as any other warrant issued under this
    |
0025|     subsection.  If the employer does not make a showing to the
    |
0001|     satisfaction of the secretary that the estimated amount is
    |
0002|     incorrect within thirty days after the warrant is filed with
    |
0003|     the county clerk, then the estimated amount shown in the
    |
0004|     warrant shall be and become the amount of the contribution due
    |
0005|     for the period stated in the warrant.  The sheriff to whom any
    |
0006|     warrant, issued under this section, is directed shall, within
    |
0007|     five days after receipt of the same, file with the county clerk
    |
0008|     of his county a copy thereof, for which the clerk shall make no
    |
0009|     charge, and thereupon the county clerk shall record the same
    |
0010|     upon his records and the day when such copy is filed. 
    |
0011|     Thereupon the amount of the warrant so filed and entered shall
    |
0012|     become a lien upon all property, real and personal, of the
    |
0013|     person against whom it is issued, including choses in action,
    |
0014|     except negotiable instruments not past due; provided, however,
    |
0015|     that such lien shall be inferior to all other valid liens,
    |
0016|     encumbrances, mortgages, judgments and assessments <s>[which]</s>
    |
0017|     <u>that</u> are filed or placed of record prior to the filing of
    |
0018|     such warrant.  The sheriff or a representative of the division
    |
0019|     thereupon shall levy upon any property of the taxpayer,
    |
0020|     including negotiable instruments, and the property so levied on
    |
0021|     shall be sold in all respects with the like effect, and in the
    |
0022|     same manner as is prescribed by law with respect to executions
    |
0023|     against property upon judgments of a court of record, and the
    |
0024|     remedies of garnishment shall apply.  Whenever any property or
    |
0025|     right to property upon which levy has been made is not
    |
0001|     sufficient to satisfy the claim for which levy is made, the
    |
0002|     sheriff or a representative of the division may thereafter, and
    |
0003|     as often as may be necessary, proceed to levy in like manner
    |
0004|     upon any other property or rights to property subject to levy
    |
0005|     of the person against whom the claim exists, until the amount
    |
0006|     due from him is fully paid.  The sheriff shall be entitled to
    |
0007|     the general fees for his services in executing the warrant as
    |
0008|     now allowed by law for like services, to be collected in the
    |
0009|     same manner as now provided by law for like services.  All
    |
0010|     costs of executing warrants including mileage of the sheriff
    |
0011|     serving and executing the same and all other costs in
    |
0012|     connection with the levy, including advertising or publication
    |
0013|     costs upon the sale of any property levied upon, shall be
    |
0014|     collected by the <s>[department]</s> <u>division</u> from the employer
    |
0015|     from whom contribution is due.
    |
0016|              C.  In the event of any distribution of an
    |
0017|     employer's assets pursuant to an order of any court under the
    |
0018|     laws of this state, including any receivership, assignment for
    |
0019|     benefit of creditors, adjudicated insolvency, composition or
    |
0020|     similar proceeding, contributions then or thereafter due shall
    |
0021|     be paid in full prior to all other claims except taxes and
    |
0022|     claims for remuneration of not more than two hundred fifty
    |
0023|     dollars ($250) to each claimant, earned within six months of
    |
0024|     the commencement of the proceeding.  In the event of an
    |
0025|     employer's adjudication in bankruptcy, judicially confirmed
    |
0001|     extension proposal, or composition, under the federal
    |
0002|     Bankruptcy Code <s>[11 U.S.C. Sec. 10l et seq.]</s>, contributions
    |
0003|     then or thereafter due shall be entitled to such priority as is
    |
0004|     provided in the <s>[Federal Bankruptcy Code U.S.C. Title]</s> 11
    |
0005|     USCA Sec. 507.
    |
0006|              D.  If not later than four years after the date on
    |
0007|     which any contributions or interest thereon are paid an
    |
0008|     employing unit that has paid such contributions or interest
    |
0009|     thereon <s>[shall make]</s> <u>makes</u> application for an adjustment
    |
0010|     thereof in connection with subsequent contribution payments, or
    |
0011|     for a refund thereof because such adjustment cannot be made,
    |
0012|     and the secretary <s>[shall determine]</s> <u>determines</u> that such
    |
0013|     contributions or interest or any portion thereof was
    |
0014|     erroneously collected, the secretary shall allow such employing
    |
0015|     unit to make an adjustment thereof, without interest, in
    |
0016|     connection with subsequent contribution payments by him, or if
    |
0017|     such adjustment cannot be made, the secretary shall refund the
    |
0018|     amount, without interest, from the fund to which the amount was
    |
0019|     deposited.  For like cause and within the same period,
    |
0020|     adjustment or refund may be so made on the secretary's own
    |
0021|     initiative.
    |
0022|              E.  Any person, group of individuals, partnership or
    |
0023|     employing unit, that acquires the organization, trade or
    |
0024|     business or substantially all the assets thereof from an
    |
0025|     employer shall notify the division in writing by registered
    |
0001|     mail not later than five days prior to the acquisition.  Unless
    |
0002|     such notice is given, such acquisition shall be void as against
    |
0003|     the division, if, at the time of the acquisition, any
    |
0004|     contributions are due and unpaid by the previous employer, and
    |
0005|     the secretary shall have the right to proceed against such
    |
0006|     employer either in personam or in rem and the assets so
    |
0007|     acquired shall be subject to attachment for such debt."
    |
0008|         Section 104.  Section 51-1-37.1 NMSA 1978 (being Laws
    |
0009|     1982, Chapter 41, Section 4, as amended) is amended to read:
    |
0010|         "51-1-37.1.  CHILD SUPPORT OBLIGATIONS.--
    |
0011|              A.  An individual filing a claim to establish a
    |
0012|     benefit year for unemployment compensation shall, at the time
    |
0013|     of filing the claim, disclose whether or not the individual
    |
0014|     owes child support obligations. If the individual is eligible
    |
0015|     for unemployment compensation benefits and owes child support
    |
0016|     obligations, the employment security <s>[department]</s> <u>division</u>
    |
0017|     shall notify the <s>[human services department]</s> <u>child support
</u>    |
<u></u>0018| <u>    enforcement division of the workforce development department</u>
    |
0019|     of the name of the applicant and the amount of benefits for
    |
0020|     which the claimant is eligible.
    |
0021|              B.  The employment security <s>[department]</s> <u>division
</u>    |
<u></u>0022| <u>    of the workforce development department</u> shall deduct and with-
    |
0023|     
    |
0024|     hold from any unemployment compensation otherwise payable to an
    |
0025|     individual who owes child support obligations:
    |
0001|                  (1)  the amount specified by the individual to
    |
0002|     be deducted and withheld, if an amount is not specified under
    |
0003|     Paragraph (2) or (3) of this subsection;
    |
0004|                  (2)  the amount specified in an agreement
    |
0005|     between the individual and the child support enforcement
    |
0006|     <s>[bureau]</s> <u>division</u> of the <s>[human services]</s> <u>workforce
</u>    |
<u></u>0007| <u>    development</u> department, pursuant to Section 454(20)(B)(i) of
    |
0008|     the Social Security Act, a copy of which has been provided to
    |
0009|     the employment security <s>[department]</s> <u>division</u> by the child
    |
0010|     support enforcement <s>[bureau]</s> <u>division</u>; or
    |
0011|                  (3)  any amount otherwise required to be so
    |
0012|     deducted and withheld from such unemployment compensation
    |
0013|     pursuant to a writ of garnishment or other legal process for
    |
0014|     enforcement of judgments issued by any court of competent
    |
0015|     jurisdiction in any state, territory or possession of the
    |
0016|     United States or any foreign country with which the United
    |
0017|     States has an agreement to honor such process directed to the
    |
0018|     department for the purpose of enforcing an individual's
    |
0019|     obligation to provide child support.
    |
0020|              C.  Any amount withheld from the benefits due a
    |
0021|     claimant shall be considered as payment of unemployment
    |
0022|     compensation benefits to the claimant and paid by the
    |
0023|     individual in satisfaction of his child support obligations.
    |
0024|               D.  The amount of child support obligations
    |
0025|     withheld by the employment security <s>[department]</s> <u>division</u>
    |
0001|     pursuant to this section shall be paid to the <s>[human services
</s>    |
<s></s>0002| <s>    department]</s> <u>child support enforcement division of the
</u>    |
<u></u>0003| <u>    workforce development department</u>.
    |
0004|              E.  "Unemployment compensation benefits" means
    |
0005|     compensation payable under the Unemployment Compensation Law
    |
0006|     and any compensation payable by or through the employment
    |
0007|     security <s>[department]</s> <u>division</u> pursuant to an agreement
    |
0008|     under any federal law providing for compensation, assistance or
    |
0009|     allowance with respect to unemployment.
    |
0010|              F.  "Child support obligations" includes only
    |
0011|     obligations <s>[which]</s> <u>that</u> are being enforced pursuant to a
    |
0012|     plan described in Section 454 of the Social Security Act
    |
0013|     <s>[which]</s> <u>that</u> has been approved by the United States
    |
0014|     secretary of health and human services under Part D of Title IV
    |
0015|     of the Social Security Act.
    |
0016|              G.  The <s>[human services department]</s> <u>child support
</u>    |
<u></u>0017| <u>    enforcement division of the workforce development department</u>
    |
0018|     shall reimburse the employment security <s>[department]</s>
    |
0019|     <u>division</u> for the administrative costs incurred by the
    |
0020|     employment security <s>[department which]</s> <u>division that</u> are
    |
0021|     attributable to the child support obligations being enforced by
    |
0022|     the <s>[human services department]</s> <u>child support enforcement
</u>    |
<u></u>0023| <u>    division</u>.  If the <s>[human services department]</s> <u>child support
</u>    |
<u></u>0024| <u>    enforcement division</u> and the employment security
    |
0025|     <s>[department]</s> <u>division</u> fail to agree on the amount of such
    |
0001|     administrative costs, the state budget division of the
    |
0002|     department of finance and administration shall prescribe the
    |
0003|     amount of administrative costs to be reimbursed."
    |
0004|         Section 105.  Section 51-1-42 NMSA 1978 (being Laws 1936
    |

0005|     (S.S), Chapter 1, Section 19, as amended) is amended to read:
    |
0006|         "51-1-42.  DEFINITIONS.--As used in the Unemployment
    |
0007|     Compensation Law:
    |
0008|              A.  "base period" means the first four of the last
    |
0009|     five completed calendar quarters immediately preceding the
    |
0010|     first day of an individual's benefit year;
    |
0011|              B.  "benefits" means the cash unemployment
    |
0012|     compensation payments payable to an eligible individual
    |
0013|     pursuant to Section 51-1-4 NMSA 1978 with respect to his weeks
    |
0014|     of unemployment;
    |
0015|              C.  "contributions" means the money payments
    |
0016|     required by Section 51-1-9 NMSA 1978 to be made into the
    |
0017|     <s>[unemployment compensation]</s> fund by an employer on account of
    |
0018|     having individuals performing services for him;
    |
0019|              D.  "employing unit" means any individual or type of
    |
0020|     organization, including any partnership, association,
    |
0021|     cooperative, trust, estate, joint-stock company, agricultural
    |
0022|     enterprise, insurance company or corporation, whether domestic
    |
0023|     or foreign, or the receiver, trustee in bankruptcy, trustee or
    |
0024|     successor thereof, household, fraternity or club, the legal
    |
0025|     representative of a deceased person or any state or local
    |
0001|     government entity to the extent required by law to be covered
    |
0002|     as an employer, which has in its employ one or more individuals
    |
0003|     performing services for it within this state.  All individuals
    |
0004|     performing services for any employing unit <s>[which]</s> <u>that</u>
    |
0005|     maintains two or more separate establishments within this state
    |
0006|     shall be deemed to be employed by a single employing unit for
    |
0007|     all the purposes of the Unemployment Compensation Law. 
    |
0008|     Individuals performing services for contractors, subcontractors
    |
0009|     or agents <s>[which]</s> <u>that</u> are performing work or services for
    |
0010|     an employing unit, as described in this subsection, which is
    |
0011|     within the scope of the employing unit's usual trade,
    |
0012|     occupation, profession or business, shall be deemed to be in
    |
0013|     the employ of the employing unit for all purposes of the
    |
0014|     Unemployment Compensation Law unless such contractor,
    |
0015|     subcontractor or agent is itself an employer within the
    |
0016|     provision of Subsection E of this section;
    |
0017|              E.  "employer" includes:
    |
0018|                  (1)  any employing unit <s>[which]</s> <u>that</u>:
    |
0019|                       (a)  unless otherwise provided in this
    |
0020|     section, paid for service in employment as defined in
    |
0021|     Subsection F of this section wages of four hundred fifty
    |
0022|     dollars ($450) or more in any calendar quarter in either the
    |
0023|     current or preceding calendar year or had in employment, as
    |
0024|     defined in Subsection F of this section, for some portion of a
    |
0025|     day in each of twenty different calendar weeks during either
    |
0001|     the current or the preceding calendar year, and irrespective of
    |
0002|     whether the same individual was in employment in each such day,
    |
0003|     at least one individual;
    |
0004|                       (b)  for the purposes of Subparagraph (a)
    |
0005|     of this paragraph, if any week includes both December 31 and
    |
0006|     January 1, the days of that week up to January 1 shall be
    |
0007|     deemed one calendar week and the days beginning January 1,
    |
0008|     another such week; and
    |
0009|                       (c)  for purposes of defining an
    |
0010|     "employer" under Subparagraph (a) of this paragraph, the wages
    |
0011|     or remuneration paid to individuals performing services in
    |
0012|     employment in agricultural labor or domestic services as
    |
0013|     provided in Paragraphs (6) and (7) of Subsection F of this
    |
0014|     section shall not be taken into account; except that any
    |
0015|     employing unit determined to be an employer of agricultural
    |
0016|     labor under Paragraph (6) of Subsection F of this section shall
    |
0017|     be an employer under Subparagraph (a) of this paragraph so long
    |
0018|     as the employing unit is paying wages or remuneration for
    |
0019|     services other than agricultural services;
    |
0020|                  (2)  any individual or type of organization
    |
0021|     that acquired the trade or business or substantially all of the
    |
0022|     assets thereof, of an employing unit <s>[which]</s> <u>that</u> at the
    |
0023|     time of such acquisition was an employer subject to the
    |
0024|     Unemployment Compensation Law; provided that where such an
    |
0025|     acquisition takes place, the secretary may postpone activating
    |
0001|     the separate account pursuant to Subsection A of Section
    |
0002|     51-1-11 NMSA 1978 until such time as the successor employer has
    |
0003|     employment as defined in Subsection F of this section;
    |
0004|                  (3)  any employing unit <s>[which]</s> <u>that</u>
    |
0005|     acquired all or part of the organization, trade, business or
    |
0006|     assets of another employing unit and <s>[which]</s> <u>that</u>, if
    |
0007|     treated as a single unit with such other employing unit or part
    |
0008|     thereof, would be an employer under Paragraph (1) of this
    |
0009|     subsection;
    |
0010|                  (4)  any employing unit not an employer by
    |
0011|     reason of any other paragraph of this subsection:
    |
0012|                       (a)  for which, within either the current
    |
0013|     or preceding calendar year, service is or was performed with
    |
0014|     respect to which such employing unit is liable for any federal
    |
0015|     tax against which credit may be taken for contributions
    |
0016|     required to be paid into a state unemployment fund; or 
    |
0017|                       (b)  which, as a condition for approval of
    |
0018|     the Unemployment Compensation Law for full tax credit against
    |
0019|     the tax imposed by the Federal Unemployment Tax Act, is
    |
0020|     required, pursuant to such act, to be an "employer" under the
    |
0021|     Unemployment Compensation Law;
    |
0022|                  (5)  any employing unit <s>[which]</s> <u>that</u>,
    |
0023|     having become an employer under Paragraph (1), (2), (3) or (4)
    |
0024|     of this subsection, has not, under Section 51-1-18 NMSA 1978,
    |
0025|     ceased to be an employer subject to the Unemployment
    |
0001|     Compensation Law;
    |
0002|                  (6)  for the effective period of its election
    |
0003|     pursuant to Section 51-1-18 NMSA 1978, any other employing unit
    |
0004|     <s>[which]</s> <u>that</u> has elected to become fully subject to the
    |
0005|     Unemployment Compensation Law; and
    |
0006|                  (7)  any employing unit for which any services
    |
0007|     performed in its employ are deemed to be performed in this
    |
0008|     state pursuant to an election under an arrangement entered into
    |
0009|     in accordance with Subsection A of Section 51-1-50 NMSA 1978;
    |
0010|              F.  "employment" means:
    |
0011|                  (1)  any service, including service in
    |
0012|     interstate commerce, performed for wages or under any contract
    |
0013|     of hire, written or oral, express or implied;
    |
0014|                  (2)  and includes an individual's entire
    |
0015|     service, performed within or both within and without this state
    |
0016|     if:
    |
0017|                       (a)  the service is primarily localized in
    |
0018|     this state with services performed outside the state being only
    |
0019|     incidental thereto; or
    |
0020|                       (b)  the service is not localized in any
    |
0021|     state, but some of the service is performed in this state and:
    |
0022|     1) the base of operations or, if there is no base of
    |
0023|     operations, <s>[then]</s> the place from which such service is
    |
0024|     directed or controlled, is in this state; or 2) the base of
    |
0025|     operations or place from which such service is directed or
    |
0001|     controlled is not in any state in which some part of the
    |
0002|     service is performed, but the individual's residence is in this
    |
0003|     state;
    |
0004|                  (3)  services performed within this state but
    |
0005|     not covered under Paragraph (2) of this subsection if
    |
0006|     contributions or payments in lieu of contributions are not
    |
0007|     required and paid with respect to such services under an
    |
0008|     unemployment compensation law of any other state, the federal
    |
0009|     government or Canada;
    |
0010|                  (4)  services covered by an election pursuant
    |
0011|     to Section 51-1-18 NMSA 1978 and services covered by an
    |
0012|     election duly approved by the secretary in accordance with an
    |
0013|     arrangement pursuant to <s>[Paragraph (1) of]</s> Subsection A of
    |
0014|     Section 51-1-50 NMSA 1978 shall be deemed to be employment
    |
0015|     during the effective period of such election;
    |
0016|                  (5)  services performed by an individual for an
    |
0017|     employer for wages or other remuneration unless and until it is
    |
0018|     established by a preponderance of evidence that:
    |
0019|                       (a)  such individual has been and will
    |
0020|     continue to be free from control or direction over the
    |
0021|     performance of such services both under his contract of service
    |
0022|     and in fact;
    |
0023|                       (b)  such service is either outside the
    |
0024|     usual course of business for which such service is performed or
    |
0025|     that such service is performed outside of all the places of
    |
0001|     business of the enterprise for which such service is performed;
    |
0002|     and
    |
0003|                       (c)  such individual is customarily
    |
0004|     engaged in an independently established trade, occupation,
    |
0005|     profession or business of the same nature as that involved in
    |
0006|     the contract of service;
    |
0007|                  (6)  service performed after December 31, 1977
    |
0008|     by an individual in agricultural labor as defined in Subsection
    |
0009|     Q of this section if:
    |
0010|                       (a)  such service is performed for an
    |
0011|     employing unit <s>[which]</s> <u>that</u>:  1) paid remuneration in cash
    |
0012|     of twenty thousand dollars ($20,000) or more to individuals in
    |
0013|     such employment during any calendar quarter in either the
    |
0014|     current or the preceding calendar year; or 2) employed in
    |
0015|     agricultural labor ten or more individuals for some portion of
    |
0016|     a day in each of twenty different calendar weeks in either the
    |
0017|     current or preceding calendar year, whether or not such weeks
    |
0018|     were consecutive, and regardless of whether such individuals
    |
0019|     were employed at the same time;
    |
0020|                       (b)  such service is not performed before
    |
0021|     January 1, 1980 by an individual who is an alien admitted to
    |
0022|     the United States to perform service in agricultural labor
    |
0023|     pursuant to Sections 214(c) and 101(15)(H) of the Immigration
    |
0024|     and Nationality Act; and
    |
0025|                       (c)  for purposes of this paragraph, any
    |
0001|     individual who is a member of a crew furnished by a crew leader
    |
0002|     to perform service in agricultural labor for a farm operator or
    |
0003|     other person shall be treated as an employee of such crew
    |
0004|     leader:  1) if such crew leader meets the requirements of a
    |
0005|     crew leader as defined in Subsection L of this section; or 2)
    |
0006|     substantially all the members of such crew operate or maintain
    |
0007|     mechanized agricultural equipment <s>[which]</s> <u>that</u> is provided
    |
0008|     by the crew leader; and 3) the individuals performing such
    |
0009|     services are not, by written agreement or in fact, within the
    |
0010|     meaning of Paragraph (5) of this subsection, performing

    |
0011|     services in employment for the farm operator or other person;
    |
0012|                  (7)  service performed after December 31, 1977
    |
0013|     by an individual in domestic service in a private home, local
    |
0014|     college club or local chapter of a college fraternity or
    |
0015|     sorority for a person or organization that paid cash
    |
0016|     remuneration of one thousand dollars ($1,000) in any calendar
    |
0017|     quarter in the current or preceding calendar year to
    |
0018|     individuals performing such services;
    |
0019|                  (8)  service performed after December 31, 1971
    |
0020|     by an individual in the employ of a religious, charitable,
    |
0021|     educational or other organization but only if the following
    |
0022|     conditions are met:
    |
0023|                       (a)  the service is excluded from
    |
0024|     "employment" as defined in the Federal Unemployment Tax Act
    |
0025|     solely by reason of Section 3306(c)(8) of that act; and
    |
0001|                       (b)  the organization meets the
    |
0002|     requirements of "employer" as provided in Subparagraph (a) of
    |
0003|     Paragraph (1) of Subsection E of this section;
    |
0004|                  (9)  service of an individual who is a citizen
    |
0005|     of the United States, performed outside the United States,
    |
0006|     except in Canada, after December 31, 1971 in the employ of an
    |
0007|     American employer (other than service which is deemed
    |
0008|     "employment" under the provisions of Paragraph (2) of this
    |
0009|     subsection or the parallel provisions of another state's law),
    |
0010|     if:
    |
0011|                       (a)  the employer's principal place of
    |
0012|     business in the United States is located in this state;
    |
0013|                       (b)  the employer has no place of business
    |
0014|     in the United States, but:  1) the employer is an individual
    |
0015|     who is a resident of this state; 2) the employer is a
    |
0016|     corporation <s>[which]</s> <u>that</u> is organized under the laws of
    |
0017|     this state; or 3) the employer is a partnership or a trust and
    |
0018|     the number of the partners or trustees who are residents of
    |
0019|     this state is greater than the number who are residents of any
    |
0020|     one other state; or
    |
0021|                       (c)  none of the criteria of Subparagraphs
    |
0022|     (a) and (b) of this paragraph are met, but the employer has
    |
0023|     elected coverage in this state or, the employer having failed
    |
0024|     to elect coverage in any state, the individual has filed a
    |
0025|     claim for benefits, based on such service, under the law of
    |
0001|     this state.
    |
0002|         "American employer" for purposes of this paragraph <s>[(9)
</s>    |
<s></s>0003| <s>    of this subsection]</s> means a person who is:  1) an individual
    |
0004|     who is a resident of the United States; 2) a partnership if
    |
0005|     two-thirds or more of the partners are residents of the United
    |
0006|     States; 3) a trust if all of the trustees are residents of the
    |
0007|     United States; or 4) a corporation organized under the laws of
    |
0008|     the United States or of any state.  For the purposes of this
    |
0009|     paragraph <s>[(9) of this subsection]</s>, "United States" includes
    |
0010|     the United States, the District of Columbia, the commonwealth
    |
0011|     of Puerto Rico and the Virgin Islands;
    |
0012|                  (10)  notwithstanding any other provisions of
    |
0013|     this subsection, service with respect to which a tax is
    |
0014|     required to be paid under any federal law imposing a tax
    |
0015|     against which credit may be taken for contributions required to
    |
0016|     be paid into a state unemployment fund or which as a condition
    |
0017|     for full tax credit against the tax imposed by the Federal
    |
0018|     Unemployment Tax Act is required to be covered under the
    |
0019|     Unemployment Compensation Law;
    |
0020|                  (11)  "employment" shall not include:
    |
0021|                       (a)  service performed in the employ of: 
    |
0022|     1) a church or convention or association of churches; or 2) an
    |
0023|     organization <s>[which]</s> <u>that</u> is operated primarily for
    |
0024|     religious purposes and <s>[which]</s> <u>that</u> is operated,
    |
0025|     supervised, controlled or principally supported by a church or
    |
0001|     convention or association of churches;
    |
0002|                       (b)  service performed by a duly ordained,
    |
0003|     commissioned or licensed minister of a church in the exercise
    |
0004|     of his ministry or by a member of a religious order in the
    |
0005|     exercise of duties required by such order;
    |
0006|                       (c)  service performed by an individual in
    |
0007|     the employ of his son, daughter or spouse, and service
    |
0008|     performed by a child under the age of majority in the employ of
    |
0009|     his father or mother;
    |
0010|                       (d)  service performed in the employ of
    |
0011|     the United States government or an instrumentality of the
    |
0012|     United States immune under the constitution of the United
    |
0013|     States from the contributions imposed by the Unemployment
    |
0014|     Compensation Law except that to the extent that the congress of
    |
0015|     the United States shall permit states to require any
    |
0016|     instrumentalities of the United States to make payments into an
    |
0017|     unemployment fund under a state unemployment compensation act,
    |
0018|     all of the provisions of the Unemployment Compensation Law
    |
0019|     shall be applicable to such instrumentalities, and to service
    |
0020|     performed for such instrumentalities in the same manner, to the
    |
0021|     same extent and on the same terms as to all other employers,
    |
0022|     employing units, individuals and services; provided, that if
    |
0023|     this state shall not be certified for any year by the secretary
    |
0024|     of labor of the United States under Section 3304 of the federal
    |
0025|     Internal Revenue Code (26 U.S.C. Section 3304), the payments
    |
0001|     required of such instrumentalities with respect to such year
    |
0002|     shall be refunded by the department from the fund in the same
    |
0003|     manner and within the same period as is provided in Subsection
    |
0004|     D of Section 51-1-36 NMSA 1978 with respect to contributions
    |
0005|     erroneously collected;
    |
0006|                       (e)  service performed in a facility
    |
0007|     conducted for the purpose of carrying out a program of
    |
0008|     rehabilitation for individuals whose earning capacity is
    |
0009|     impaired by age or physical or mental deficiency or injury or
    |
0010|     providing remunerative work for individuals who because of
    |
0011|     their impaired physical or mental capacity cannot be readily
    |
0012|     absorbed in the competitive labor market, by an individual
    |
0013|     receiving such rehabilitation or remunerative work;
    |
0014|                       (f)  service with respect to which
    |
0015|     unemployment compensation is payable under an unemployment
    |
0016|     compensation system established by an act of congress;
    |
0017|                       (g)  service performed in the employ of a
    |
0018|     foreign government, including service as a consular or other
    |
0019|     officer or employee or a nondiplomatic representative;
    |
0020|                       (h)  service performed by an individual
    |
0021|     for a person as an insurance agent or as an insurance
    |
0022|     solicitor, if all such service performed by such individual for
    |
0023|     such person is performed for remuneration solely by way of
    |
0024|     commission;
    |
0025|                       (i)  service performed by an individual
    |
0001|     under the age of eighteen in the delivery or distribution of
    |
0002|     newspapers or shopping news, not including delivery or
    |
0003|     distribution to any point for subsequent delivery or
    |
0004|     distribution;
    |
0005|                       (j)  service covered by an election duly
    |
0006|     approved by the agency charged with the administration of any
    |
0007|     other state or federal unemployment compensation law, in
    |
0008|     accordance with an arrangement pursuant to <s>[Paragraph (1) of]</s>
    |
0009|     Subsection A of Section 51-1-50 NMSA 1978 during the effective
    |
0010|     period of such election;
    |
0011|                       (k)  service performed, as part of an
    |
0012|     unemployment work-relief or work-training program assisted or
    |
0013|     financed in whole or part by any federal agency or an agency of
    |
0014|     a state or political subdivision thereof, by an individual
    |
0015|     receiving such work relief or work training;
    |
0016|                       (l)  service performed by an individual
    |
0017|     who is enrolled at a nonprofit or public educational
    |
0018|     institution <s>[which]</s> <u>that</u> normally maintains a regular
    |
0019|     faculty and curriculum and normally has a regularly organized
    |
0020|     body of students in attendance at the place where its
    |
0021|     educational activities are carried on as a student in a full-
    |
0022|     time program, taken for credit at such institution, <s>[which]</s>
    |
0023|     <u>that</u> combines academic instruction with work experience, if
    |
0024|     the service is an integral part of such program, and the
    |
0025|     institution has so certified to the employer, except that this
    |
0001|     subparagraph shall not apply to service performed in a program
    |
0002|     established for or on behalf of an employer or group of
    |
0003|     employers;
    |
0004|                       (m)  service performed in the employ of a
    |
0005|     hospital, if the service is performed by a patient of the
    |
0006|     hospital, or services performed by an inmate of a custodial or
    |
0007|     penal institution for a governmental entity or nonprofit
    |
0008|     organization;
    |
0009|                       (n)  service performed by real estate
    |
0010|     salesmen for others when the services are performed for
    |
0011|     remuneration solely by way of commission; 
    |
0012|                       (o)  service performed in the employ of a
    |
0013|     school, college or university if such service is performed by a
    |
0014|     student who is enrolled and is regularly attending classes at
    |
0015|     such school, college or university;
    |
0016|                       (p)  service performed by an individual
    |
0017|     for a fixed or contract fee officiating at a sporting event
    |
0018|     <s>[which]</s> <u>that</u> is conducted by or under the auspices of a
    |
0019|     nonprofit or governmental entity if that person is not
    |
0020|     otherwise an employee of the entity conducting the sporting
    |
0021|     event; or
    |
0022|                       (q)  service performed for a private for-
    |
0023|     profit person or entity by an individual as a landman if
    |
0024|     substantially all remuneration paid in cash or otherwise for
    |
0025|     the performance of the services is directly related to the
    |
0001|     completion by the individual of the specific tasks contracted
    |
0002|     for rather than to the number of hours worked by the
    |
0003|     individual.  For the purposes of this subparagraph, "landman"
    |
0004|     means a land professional who has been engaged primarily in: 
    |
0005|     1) negotiating for the acquisition or divestiture of mineral
    |
0006|     rights; 2) negotiating business agreements that provide for the
    |
0007|     exploration for or development of minerals; 3) determining
    |
0008|     ownership of minerals through the research of public and
    |
0009|     private records; and 4) reviewing the status of title, curing
    |
0010|     title defects and otherwise reducing title risk associated with
    |
0011|     ownership of minerals; managing rights or obligations derived
    |
0012|     from ownership of interests and minerals; or utilizing or
    |
0013|     pooling of interest in minerals; and
    |
0014|                  (12)  for the purposes of this subsection, if
    |
0015|     the services performed during one-half or more of any pay
    |
0016|     period by an individual for the person employing him constitute
    |
0017|     employment, all the services of such individual for such period
    |
0018|     shall be deemed to be employment, but, if the services
    |
0019|     performed during more than one-half of any such pay period by
    |
0020|     an individual for the person employing him do not constitute
    |
0021|     employment, then none of the services of such individual for
    |
0022|     such period shall be deemed to be employment.  As used in this
    |
0023|     paragraph, the term "pay period" means a period, of not more
    |
0024|     than thirty-one consecutive days, for which a payment of
    |
0025|     remuneration is ordinarily made to the individual by the person
    |
0001|     employing him.  This paragraph shall not be applicable with
    |
0002|     respect to services performed in a pay period by an individual
    |
0003|     for the person employing him where any of such service is
    |
0004|     excepted by Subparagraph (f) of Paragraph (11) of this
    |
0005|     subsection;
    |
0006|              G.  "employment office" means a free public
    |
0007|     employment office, or branch thereof, operated by this state or
    |
0008|     maintained as a part of a state-controlled system of public
    |
0009|     employment offices;
    |
0010|              H.  "fund" means the unemployment compensation fund
    |
0011|     established by the Unemployment Compensation Law to which all
    |
0012|     contributions and payments in lieu of contributions required
    |
0013|     under the Unemployment Compensation Law and from which all
    |
0014|     benefits provided under the Unemployment Compensation Law shall
    |
0015|     be paid;
    |
0016|              I.  "unemployment" means, with respect to an
    |
0017|     individual, any week during which he performs no services and
    |
0018|     with respect to which no wages are payable to him and during
    |
0019|     which he is not engaged in self-employment or receives an award
    |
0020|     of back pay for loss of employment.  The secretary shall
    |
0021|     prescribe by regulation what constitutes part-time and
    |
0022|     intermittent employment, partial employment and the conditions
    |
0023|     under which individuals engaged in such employment are eligible
    |
0024|     for partial unemployment benefits;
    |
0025|              J.  "state", when used in reference to any state
    |
0001|     other than New Mexico, includes, in addition to the states of
    |
0002|     the United States, the District of Columbia, the commonwealth
    |
0003|     of Puerto Rico and the Virgin Islands;
    |
0004|              K.  "unemployment compensation administration fund"
    |
0005|     means the fund established by Subsection A of Section 51-1-34
    |
0006|     NMSA 1978 from which administrative expenses under the
    |
0007|     Unemployment Compensation Law shall be paid.  "Employment
    |
0008|     security <s>[department]</s> <u>division</u> fund" means the fund
    |
0009|     established by Subsection B of Section 51-1-34 NMSA 1978 from
    |
0010|     which certain administrative expenses under the Unemployment
    |
0011|     Compensation Law shall be paid;
    |
0012|              L.  "crew leader" means a person who:
    |
0013|                  (1)  holds a valid certificate of registration
    |
0014|     as a crew leader or farm labor contractor under the Migrant and
    |
0015|     Seasonal Agricultural Worker Protection Act;
    |
0016|                  (2)  furnishes individuals to perform services
    |
0017|     in agricultural labor for any other person;
    |
0018|                  (3)  pays, either on his own behalf or on
    |
0019|     behalf of such other person, the individuals so furnished by
    |
0020|     him for service in agricultural labor; and
    |
0021|                  (4)  has not entered into a written agreement
    |
0022|     with the other person for whom he furnishes individuals in
    |
0023|     agricultural labor that such individuals will be the employees
    |
0024|     of the other person;
    |
0025|              M.  "week" means such period of seven consecutive
    |
0001|     days, as the secretary may by regulation prescribe.  The
    |
0002|     secretary may by regulation prescribe that a week shall be
    |
0003|     deemed to be "in", "within" or "during" that benefit year
    |
0004|     <s>[which]</s> <u>that</u> includes the greater part of such week;
    |
0005|              N.  "calendar quarter" means the period of three
    |
0006|     consecutive calendar months ending on March 31, June 30,
    |
0007|     September 30 or December 31;
    |
0008|              O.  "insured work" means services performed for
    |
0009|     employers who are covered under the Unemployment Compensation
    |
0010|     Law;
    |
0011|              P.  "benefit year" with respect to any individual
    |
0012|     means the one-year period beginning with the first day of the
    |
0013|     first week of unemployment with respect to which the individual
    |
0014|     first files a claim for benefits in accordance with Subsection
    |
0015|     A of Section 51-1-8 NMSA 1978 and thereafter the one-year
    |
0016|     period beginning with the first day of the first week of
    |
0017|     unemployment with respect to which the individual next files
    |
0018|     such a claim for benefits after the termination of his last
    |
0019|     preceding benefit year; provided that at the time of filing
    |
0020|     such a claim the individual has been paid the wages for insured
    |
0021|     work required under Paragraph (5) of Subsection A of Section
    |
0022|     51-1-5 NMSA 1978;
    |
0023|              Q.  "agricultural labor" includes all services
    |
0024|     performed:
    |
0025|                  (1)  on a farm, in the employ of any person, in
    |
0001|     connection with cultivating the soil or in connection with
    |
0002|     raising or harvesting any agricultural or horticultural
    |
0003|     commodity, including the raising, shearing, feeding, caring
    |
0004|     for, training and management of livestock, bees, poultry and
    |
0005|     fur-bearing animals and wildlife;
    |
0006|                  (2)  in the employ of the owner or tenant or
    |
0007|     other operator of a farm, in connection with the operation,
    |
0008|     management, conservation or maintenance of such farm and its
    |
0009|     tools and equipment, if the major part of such service is
    |
0010|     performed on a farm;
    |
0011|                  (3)  in connection with the operation or
    |
0012|     maintenance of ditches, canals, reservoirs or waterways used
    |
0013|     exclusively for supplying and storing water for farming
    |
0014|     purposes when such ditches, canals, reservoirs or waterways are
    |
0015|     owned and operated by the farmers using the water stored or
    |
0016|     carried therein; and
    |
0017|                  (4)  in handling, planting, drying, packing,
    |
0018|     packaging, processing, freezing, grading, storing or delivery
    |
0019|     to storage or to market or to a carrier for transportation to
    |
0020|     market any agricultural or horticultural commodity but only if
    |
0021|     such service is performed as an incident to ordinary farming
    |
0022|     operations.  The provisions of this paragraph shall not be
    |
0023|     deemed to be applicable with respect to service performed in
    |
0024|     connection with commercial canning or commercial freezing or in
    |
0025|     connection with any agricultural or horticultural commodity
    |
0001|     after its delivery to a terminal market for distribution for
    |
0002|     consumption.
    |
0003|         As used in this subsection, the term "farm" includes
    |
0004|     stock, dairy, poultry, fruit, fur-bearing animal and truck
    |
0005|     farms, plantations, ranches, nurseries, greenhouses, ranges and
    |
0006|     orchards;
    |
0007|              R.  "payments in lieu of contributions" means the
    |
0008|     money payments made into the fund by an employer pursuant to
    |
0009|     the provisions of Subsection A of Section 51-1-13 NMSA 1978;
    |
0010|              S.  "department" means the <s>[labor]</s> <u>workforce
</u>    |
<u></u>0011| <u>    development</u> department; and
    |
0012|              T.  "wages" means all remuneration for services,
    |
0013|     including commissions and bonuses and the cash value of all
    |
0014|     remuneration in any medium other than cash.  The reasonable
    |
0015|     cash value of remuneration in any medium other than cash shall
    |
0016|     be established and determined in accordance with regulations
    |
0017|     prescribed by the secretary; provided that the term "wages"
    |
0018|     shall not include:
    |
0019|                  (1)  subsequent to December 31, 1977, that part
    |
0020|     of the remuneration in excess of the base wage as determined by
    |
0021|     the secretary for each calendar year.  The base wage upon which
    |
0022|     contribution shall be paid during any calendar year shall be
    |
0023|     sixty-five percent of the state's average annual earnings
    |
0024|     computed by the department by dividing total wages reported to
    |
0025|     the department by contributing employers for the second
    |
0001|     preceding calendar year before the calendar year the computed
    |
0002|     base wage becomes effective by the average annual employment
    |
0003|     reported by contributing employers for the same period rounded
    |
0004|     to the next higher multiple of one hundred dollars ($100);
    |
0005|     provided that the base wage so computed for any calendar year
    |
0006|     shall not be less than seven thousand dollars ($7,000).  Wages
    |
0007|     paid by an employer to an individual in his employ during any
    |
0008|     calendar year in excess of the base wage in effect for that
    |
0009|     calendar year shall be reported to the department but shall be
    |
0010|     exempt from the payment of contributions unless such wages paid
    |
0011|     in excess of the base wage become subject to tax under a
    |
0012|     federal law imposing a tax against which credit may be taken
    |
0013|     for contributions required to be paid into a state unemployment
    |
0014|     fund;
    |
0015|                  (2)  the amount of any payment with respect to
    |
0016|     services performed after June 30, 1941 to or on behalf of an
    |
0017|     individual in its employ under a plan or system established by
    |
0018|     an employing unit <s>[which]</s> <u>that</u> makes provision for
    |
0019|     individuals in its employ generally or for a class or classes
    |
0020|     of such individuals, including any amount paid by an employing
    |
0021|     unit for insurance or annuities, or into a fund, to provide for
    |
0022|     any such payment, on account of:
    |
0023|                       (a)  retirement if such payments are made
    |
0024|     by an employer to or on behalf of any employee under a
    |
0025|     simplified employee pension plan that provides for payments by
    |
0001|     an employer in addition to the salary or other remuneration
    |
0002|     normally payable to such employee or class of such employees
    |
0003|     and does not include any payments <s>[which]</s> <u>that</u> represent
    |
0004|     deferred compensation or other reduction of an employee's
    |
0005|     normal taxable wages or remuneration or any payments made to a
    |
0006|     third party on behalf of an employee as part of an agreement of
    |
0007|     deferred remuneration;
    |
0008|                       (b)  sickness or accident disability if
    |
0009|     such payments are received under a workers' compensation or
    |
0010|     occupational disease disablement law;
    |
0011|                       (c)  medical and hospitalization expenses
    |
0012|     in connection with sickness or accident disability; or
    |
0013|                       (d)  death; provided the individual in its
    |
0014|     employ has not the option to receive, instead of provision for
    |
0015|     such death benefit, any part of such payment, or, if such death
    |
0016|     benefit is insured, any part of the premiums or contributions
    |
0017|     to premiums paid by his employing unit and has not the right
    |
0018|     under the provisions of the plan or system or policy of
    |
0019|     insurance providing for such death benefit to assign such
    |
0020|     benefit, or to receive a cash consideration in lieu of such
    |
0021|     benefit either upon his withdrawal from the plan or system
    |
0022|     providing for such benefit or upon termination of such plan or
    |
0023|     system or policy of insurance or of his service with such
    |
0024|     employing unit;
    |
0025|                  (3)  remuneration for agricultural labor paid
    |
0001|     in any medium other than cash;
    |
0002|                  (4)  any payment made to, or on behalf of, an
    |
0003|     employee or an employee's beneficiary under a cafeteria plan
    |
0004|     within the meaning of Section 125 of the federal Internal
    |
0005|     Revenue Code of 1986;
    |
0006|                  (5)  any payment made, or benefit furnished to
    |
0007|     or for the benefit of an employee if at the time of such
    |
0008|     payment or such furnishing it is reasonable to believe that the
    |
0009|     employee will be able to exclude such payment or benefit from
    |
0010|     income under Section 129 of the federal Internal Revenue Code
    |
0011|     of 1986; or
    |
0012|                  (6)  any payment made by an employer to a
    |
0013|     survivor or the estate of a former employee after the calendar
    |
0014|     year in which such employee died. <s>[The provisions of this
</s>    |
<s></s>0015| <s>    section shall become effective July 1, 1993.]</s>"
    |
0016|         Section 106.  TEMPORARY PROVISION--TRANSFER OF
    |
0017|     APPROPRIATIONS, EQUIPMENT, SUPPLIES, RECORDS, PERSONNEL, MONEY
    |
0018|     AND CONTRACTS.--
    |
0019|              A.  On July 1, 1997, all appropriations, equipment,
    |
0020|     supplies, records, personnel and money of the labor department,
    |
0021|     the human services department, the youth conservation corps
    |
0022|     unit of the energy, minerals and natural resources department,
    |
0023|     the americorps unit of the children, youth and families
    |
0024|     department and the occupational health and safety bureau of the
    |
0025|     department of environment are transferred to the workforce
    |
0001|     development department.  For the remainder of fiscal year 1998,
    |
0002|     the budgets of the labor department, the human services
    |
0003|     department, the youth conservation corps unit of the energy,
    |
0004|     minerals and natural resources department, the americorps unit
    |
0005|     of the children, youth and families department and the
    |
0006|     occupational health and safety bureau of the department of
    |
0007|     environment shall be the budgets of the workforce development
    |
0008|     department, subject to such transfers as may be required by the
    |
0009|     secretary of workforce development.  All federal program grants
    |
0010|     and fund allocations or other payments made to the labor
    |
0011|     department, the human services department, the youth
    |
0012|     conservation corps unit of the energy, minerals and natural
    |
0013|     resources department, the americorps unit of the children,
    |
0014|     youth and families department and the occupational health and
    |
0015|     safety bureau of the department of enviroment shall be
    |
0016|     transferred to the workforce development department pursuant to
    |
0017|     the Workforce Development Department Act and shall not be
    |
0018|     commingled with other funds of the department or be used for
    |
0019|     any purpose except for the administration of the program for
    |
0020|     which such funds were granted.
    |
0021|              B.  All existing contracts and agreements in effect
    |
0022|     as to the labor department, the human services department, the
    |
0023|     youth conservation corp unit of the energy, minerals and
    |
0024|     natural resources department, the americorps unit of the
    |
0025|     children, youth and families department and the occupational
    |
0001|     health and safety bureau of the department of environment shall

    |
0002|     be binding and effective upon the workforce development
    |
0003|     department.
    |
0004|         Section 108.  TEMPORARY PROVISION--TRANSFER OF
    |
0005|     APPROPRIATIONS, EQUIPMENT, SUPPLIES, RECORDS, PERSONNEL, MONEY
    |
0006|     AND CONTRACTS FOR THE STATE MEDICAID PROGRAM.--
    |
0007|              A.  On July 1, 1998, all appropriations, equipment,
    |
0008|     supplies, records, personnel and money of the medical
    |
0009|     assistance division of the workforce development department are
    |
0010|     transferred to the department of health.  For the remainder of
    |
0011|     fiscal year 1999, the budget of the medical assistance division
    |
0012|     shall be the budget of the department of health, subject to
    |
0013|     such transfers as may be required by the secretary of health. 
    |
0014|     All federal program grants and fund allocations or other
    |
0015|     payments made to the medical assistance division of the
    |
0016|     workforce development department shall be transferred to the
    |
0017|     department of health and shall not be commingled with other
    |
0018|     funds of the department or be used for any purpose except for
    |
0019|     the administration of the program for which such funds were
    |
0020|     granted.
    |
0021|              B.  All existing contracts and agreements in effect
    |
0022|     as to the medical assistance division of the workforce
    |
0023|     development department shall be binding and effective on the
    |
0024|     department of health.
    |
0025|         Section 108.  TEMPORARY PROVISION--EFFECT OF EXISTING
    |
0001|     RULES, REGULATIONS, ORDERS AND RULINGS.--
    |
0002|              A.  The rules, regulations, orders and rulings of
    |
0003|     the medical assistance division of the human services
    |
0004|     department in effect on June 30, 1997 shall remain in effect
    |
0005|     after the effective date of this act, until repealed or
    |
0006|     amended.
    |
0007|              B.  The rules, regulations, orders and rulings of
    |
0008|     the medical assistance division of the workforce development
    |
0009|     department in effect on June 30, 1998 shall remain in effect on
    |
0010|     or after July 1, 1998 until repealed or amended.
    |
0011|         Section 109.  REPEAL.--Sections 9-8-1 through 9-8-14,
    |
0012|     9-18-1 through 9-18-15 and 50-6-15 NMSA 1978 (being Laws 1977,
    |
0013|     Chapter 252, Sections 1 through 4, 6 through 13 and 15, Laws
    |
0014|     1987, Chapter 31, Section 4, Laws 1987, Chapter 342, Sections 1
    |
0015|     through 14, Laws 1993, Chapter 16, Section 2, Laws 1993,
    |
0016|     Chapter 25, Section 2 and Laws 1963, Chapter 175, Section 3, as
    |
0017|     amended) are repealed.
    |
0018|         Section 110.  SEVERABILITY.--If any part or application
    |
0019|     of this act is held invalid, the remainder of its application
    |
0020|     to other situations or persons shall not be affected.
    |
0021|         Section 111.  EFFECTIVE DATE.--
    |
0022|              A.  The effective date of the provisions of Sections
    |
0023|     1 through 25, 27 through 33, 35, 37, 39, 42, 44, 46, 47, 49,
    |
0024|     50, 52, 54, 56, 57, 59, 61 through 107 and 109 through 112 of
    |
0025|     this act is July 1, 1997.
    |
0001|              B.  The effective date of the provisions of Sections
    |
0002|     26, 34, 36, 38, 40, 41, 43, 45, 48, 51, 53, 55, 58, 60 and 108
    |
0003|     of this act is July 1, 1998.
    |
0004|                                                         State of New Mexico
    |
0005|                      House of Representatives
    |
0006|   
    |
0007|                      FORTY-THIRD LEGISLATURE
    |
0008|                        FIRST SESSION, 1997
    |
0009|   
    |
0010|   
    |
0011|                                               February 20, 1997
    |
0012|   
    |
0013|   Mr. Speaker:
    |
0014|   
    |
0015|       Your GOVERNMENT AND URBAN AFFAIRS COMMITTEE, to
    |
0016|   whom has been referred
    |
0017|   
    |
0018|                        HOUSE BILL 615
    |
0019|   
    |
0020|   has had it under consideration and reports same with
    |
0021|   recommendation that it DO PASS, amended as follows:
    |
0022|   
    |
0023|       1.   On page 26, strike all of lines 4 through 10.
    |
0024|       
    |
0025|       2.   Reletter the following subsections accordingly.
    |
0001|       
    |
0002|       3.   On page 45, line 20, strike "may" and insert in lieu
    |
0003|   thereof "shall".
    |
0004|   
    |
0005|       4.   On page 45, line 22, strike the second occurrence of
    |
0006|   "and" and insert in lieu thereof ", early intervention programs
    |
0007|   for children with developmental disabilities or developmental
    |
0008|   delay,".
    |
0009|   
    |
0010|       5.   On page 45, line 24, after "children" insert "and adults"
    |
0011|   and after "disorders" insert "and residential treatment centers
    |
0012|   for adolescents".,
    |
0013|   
    |
0014|   and thence referred to the JUDICIARY COMMITTEE.
    |
0015|   
    |
0016|   The roll call vote on Amendments #3, 4 and 5 was<u> 5 </u> For<u> 3 </u>
    |
0017|   Against
    |
0018|   Yes:         5
    |
0019|   No:      Hobbs, Pearce, Wallace
    |
0020|   Excused: None
    |
0021|   Absent:  None
    |
0022|   
    |
0023|                          
    |
0024|       Respectfully submitted,
    |
0025|   
    |
0001|   
    |
0002|   
    |
0003|                          
    |
0004|       <u>                                 
</u>    |
<u></u>0005| <u>  </u>                      
    |
0006|           Lynda M. Lovejoy, Chairwoman
    |
0007|   
    |
0008|   Adopted <u>                    </u>
    |
0009|       Not Adopted <u>                      </u>
    |
0010|            (Chief Clerk) 
    |
0011|                      (Chief Clerk)
    |
0012|   
    |
0013|                        Date <u>            </u>
    |
0014|   
    |
0015|   The roll call vote was<u> 8 </u> For<u> 0 </u> Against
    |
0016|   Yes:         8
    |
0017|            Excused: None
    |
0018|            Absent:  None
    |
0019|   
    |
0020|   
    |
0021|   .116633.2
    |
0022|   .117442.1
    |
0023|   G:\BILLTEXT\BILLW_97\H0615
    |