SENATE BILL 166

56th legislature - STATE OF NEW MEXICO - second session, 2024

INTRODUCED BY

Harold Pope and Eleanor Chávez

 

 

 

 

 

AN ACT

RELATING TO STATE GOVERNMENT; AMENDING AND ENACTING SECTIONS OF THE HEALTH CARE AUTHORITY DEPARTMENT ACT; CREATING THE HOMELESSNESS REDUCTION DIVISION; ESTABLISHING THE INTERAGENCY HOMELESSNESS REDUCTION TASK FORCE AND THE HOMELESSNESS REDUCTION ADVISORY COUNCIL; MAKING AN APPROPRIATION.

 

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

     SECTION 1. Section 9-8-4 NMSA 1978 (being Laws 1977, Chapter 252, Section 4, as amended) is amended to read:

     "9-8-4. DEPARTMENT ESTABLISHED.--

          A. The "health care authority department" is created in the executive branch. The department is a cabinet department and consists of:

                (1) the office of the secretary of health care authority;

                (2) the administrative services division;

                (3) the information technology division;

                (4) the behavioral health services division;

                (5) the developmental disabilities division;

                (6) the health improvement division;

                (7) the medical assistance division;

                (8) the state health benefits division;

                (9) the child support enforcement division; [and]

                (10) the income support division; and

                (11) the homelessness reduction division.

          B. All references in the law to the behavioral health services division of the department of health or to the mental health division of the department of health in Sections 29-11-1 through 29-11-7 NMSA 1978 or to the department of health in Sections 43-2-1.1 through 43-2-23 NMSA 1978 shall be construed as referring to the health care authority department."

     SECTION 2. A new section of the Health Care Authority Department Act is enacted to read:

     "[NEW MATERIAL] HOMELESSNESS REDUCTION DIVISION--DUTIES.--

          A. The homelessness reduction division of the department shall be led by the director of homelessness reduction, who shall lead the state's comprehensive efforts related to homelessness prevention and serve as a policymaker and spokesperson on homelessness prevention, including coordinating the state's efforts through legislation, rules and budgets, and shall communicate with federal and local experts on issues related to homelessness.

          B. The homelessness reduction division shall:

                (1) develop and facilitate the implementation of a statewide strategic homelessness reduction plan directed at:

                     (a) decreasing homelessness and unnecessary institutionalization in the state;

                     (b) improving health and human services outcomes for people who experience homelessness; and

                     (c) strengthening the safety nets that contribute to housing stability;

                (2) create a statewide data system, which shall be known as the "homeless data integration system", that will collect local data through homeless management information systems with the goal of matching data on homelessness to programs impacting homeless recipients of state programs;

                (3) specify the form and substance of the required data elements of the homeless data integration system and may, as required by operational necessity, amend or modify data elements, disclosure formats or disclosure frequency;

                (4) identify mainstream resources, benefits and services that can be accessed to prevent and end homelessness in New Mexico;

                (5) coordinate efforts to reduce homelessness across state agencies;

                (6) serve within state government and in the state at large as an advocate for people experiencing homelessness; and

                (7) provide leadership for and collaborate with persons developing and implementing local plans to end homelessness in New Mexico, including the homelessness reduction advisory council.

          C. Upon the creation of the homeless data integration system, all continuums of care operating in New Mexico shall provide collected data elements, including health information, in a manner consistent with federal law, to the homeless data integration system.

          D. Health information or personal identifying information provided to or maintained within the homeless data integration system shall not be subject to inspection pursuant to the Inspection of Public Records Act."

     SECTION 3. A new section of the Health Care Authority Department Act is enacted to read:

     "[NEW MATERIAL] INTERAGENCY HOMELESSNESS REDUCTION TASK FORCE--CREATED--DUTIES.--

          A. The "interagency homelessness reduction task force" is created and is administratively attached to the department. The task force consists of the following members:

                (1) the director of the homelessness reduction division of the department;

                (2) the executive director of the New Mexico finance authority or the executive director's designee;

                (3) the secretary of economic development or the secretary's designee;

                (4) the secretary of finance and administration or the secretary's designee;

                (5) the secretary of public education or the secretary's designee;

                (6) the secretary of higher education or the secretary's designee;

                (7) the secretary of Indian affairs or the secretary's designee;

                (8) the secretary of workforce solutions or

the secretary's designee;

                (9) the secretary of corrections or the secretary's designee;

                (10) the secretary of veterans' services or the secretary's designee;

                (11) the secretary of children, youth and families or the secretary's designee;

                (12) the secretary of early childhood education and care or the secretary's designee;

                (13) the secretary of aging and long-term services or the secretary's designee;

                (14) the secretary of public safety or the secretary's designee;

                (15) the secretary of health or the secretary's designee; and

                (16) the chair of the homelessness reduction advisory council.

          B. The chair of the task force shall be the director of the homelessness reduction division or the director's designee, and the vice chair of the task force shall be the member serving as the chair of the homelessness reduction advisory council. The task force shall meet at the call of the chair.

          C. The task force shall advise the homelessness reduction division regarding initiatives related to decreasing homelessness and unnecessary institutionalization in New Mexico, improving health and human services outcomes for people who experience homelessness and strengthening the safety nets that contribute to housing stability.

          D. The task force shall:

                (1) recommend policy, regulatory and resource changes necessary to accomplish goals and objectives set forth in the statewide strategic homelessness reduction plan;

                (2) recommend the resources needed for successful implementation of the statewide strategic homelessness reduction plan and oversee that implementation;

                (3) recommend and promote effective interagency collaboration and system integration to converge related efforts to draft policy recommendations related to the intersection of homelessness and poverty; and

                (4) recommend policy, regulatory and resource distribution changes that will help ensure accountability, results and sustained success in reducing homelessness, including specific legislative proposals and recommendations for consideration by the legislature.

          E. The task force may solicit feedback from stakeholders and advocates to advise the task force on policy and implementation recommendations.

          F. On or before October 1, 2024, and each year thereafter, the task force shall submit a report to the governor, the appropriate interim legislative committee, the legislative finance committee and the homelessness reduction division regarding:

                (1) the task force's work during the prior fiscal year;

                (2) recommendations developed by the task force and those made by the homelessness reduction advisory council regarding implementation of the statewide strategic homelessness reduction plan and initiatives; and

                (3) key outcomes and measures related to homelessness in New Mexico."

     SECTION 4. A new section of the Health Care Authority Department Act is enacted to read:

     "[NEW MATERIAL] HOMELESSNESS REDUCTION ADVISORY COUNCIL--CREATED--DUTIES--MEMBERSHIP.--

          A. The "homelessness reduction advisory council" is created and is administratively attached to the department. The advisory council shall advise and make recommendations to the interagency homelessness reduction task force and the director of the homelessness reduction division of the department regarding:

                (1) homelessness and unnecessary institutionalization with the goals of reducing and preventing homelessness;

                (2) improving health and human services outcomes for people experiencing homelessness;

                (3) strengthening the safety nets that contribute to housing stability; and

                (4) developing and achieving the goals of the statewide strategic homelessness reduction plan and initiatives provided for in Section 2 of this 2024 act.

          B. The homelessness reduction advisory council

consists of the following members appointed by the governor, who shall reflect the racial, ethnic and geographic diversity of New Mexico:

                (1) three members with lived experience of homelessness or housing insecurity, which may include formerly incarcerated persons, veterans and individuals sixteen to twenty-five years of age;

                (2) one member representing individuals with disabilities;

                (3) two members representing the philanthropic private-funding sector;

                (4) one member representing a statewide behavioral health advocacy organization;

                (5) one member representing a statewide housing advocacy organization;

                (6) two members representing local continuums of care organizations;

                (7) three members representing regional or local units of government;

                (8) one member representing an organization that supports victims of domestic violence; and

                (9) four members representing providers of the homeless response system, including emergency supportive housing, rapid rehousing, permanent supportive housing, homeless youth programs and homelessness prevention.

          C. The director of the homelessness reduction division may appoint as ex-officio, nonvoting members of the homelessness reduction advisory council any state agency staff the director deems necessary.

          D. The chair of the homelessness reduction advisory council shall be elected by the members of the advisory council.

          E. Public members of the homelessness reduction advisory council may receive per diem and mileage pursuant to the Per Diem and Mileage Act.

          F. The department shall provide the necessary staff and administrative support to the homelessness reduction advisory council.

          G. On or before September 1, 2024, and each year thereafter, the homelessness reduction advisory council shall submit its findings and recommendations to the interagency homelessness reduction task force."

     SECTION 5. APPROPRIATION.--One million dollars ($1,000,000) is appropriated from the general fund to the health care authority department for expenditure in fiscal year 2025 to fund the operation of the homelessness reduction division of the health care authority department, the interagency homelessness reduction task force and the homelessness reduction advisory council. Any unexpended or unencumbered balance remaining at the end of fiscal year 2025 shall revert to the general fund.

     SECTION 6. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2024.

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