SB0245

SENATE BILL 245

55th legislature - STATE OF NEW MEXICO - first session, 2021

INTRODUCED BY

Shannon D. Pinto

AN ACT

RELATING TO HUMAN RIGHTS; CREATING THE GOVERNOR'S LEADERSHIP DIVERSITY NETWORK; PROVIDING DUTIES; PROVIDING FOR CULTURAL AWARENESS PROFESSIONAL DEVELOPMENT TO BE MADE AVAILABLE TO PRIVATE SECTOR ENTITIES; PROVIDING FOR THE DEVELOPMENT OF DIVERSE LEADERSHIP PROGRAMS; PROVIDING FOR CULTURAL COMPETENCY CERTIFICATION; REQUIRING ALL PUBLIC OFFICERS AND EMPLOYEES, INCLUDING ALL BRANCHES OF STATE GOVERNMENT, PUBLIC SCHOOLS, SPECIAL SCHOOLS AND PUBLIC POST-SECONDARY EDUCATIONAL INSTITUTIONS, TO HAVE CULTURAL AWARENESS TRAINING.

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

SECTION 1. [NEW MATERIAL] GOVERNOR'S DIVERSITY LEADERSHIP NETWORK--CREATED--MEMBERS--POWERS AND DUTIES.--

A. The "governor's diversity leadership network" is created and administratively attached to the governor's office. The governor shall appoint a diverse membership from the private sector, including leaders from business and industry, farming and ranching, financial institutions, health care facilities and professionals and community-based nonprofit organizations, and representatives of state and local governments and public and higher education. Members shall not receive compensation for their service on the governor's diversity leadership network.

B. The purpose of the governor's diversity leadership network is to:

(1) spotlight the many racial and ethnic subpopulations that live and work in New Mexico and the need for all New Mexicans to be aware of, appreciate and celebrate the cultural differences alive in the state;

(2) encourage leaders from diverse backgrounds to actively network with peers around the state and support the next generation of culturally diverse leadership in all spheres of American life;

(3) develop a library of cultural awareness, cultural competency and diversity leadership professional development resources, from short trainings to certifiable professional development, available to public and private sector employers; and

(4) assist and support state and local public and private efforts to diversify workplaces, eliminate cultural prejudices and discrimination and celebrate cultural differences while strengthening the common threads that bind us into one state and one nation.

C. The governor's diversity leadership network shall develop and implement a business and professional certification program that indicates that the certificate holder, and the certificate holder's employees, if applicable, have successfully completed a cultural competency program that includes training in:

(1) improving engagement with employees, customers or clients from different cultural backgrounds;

(2) counteracting unconscious bias;

(3) diversity and inclusion in the workplace; and

(4) fostering a climate of inclusion.

SECTION 2. A new section of Chapter 2, Article 3 NMSA 1978 is enacted to read:

"[NEW MATERIAL] LEGISLATIVE EMPLOYEES--CULTURAL AWARENESS TRAINING.--

A. For the purposes of this section, "cultural awareness training" includes discussions of strategies for recognizing and counteracting unconscious bias, the value of diversity and inclusion in the workplace and creating a climate of inclusion.

B. The New Mexico legislative council shall require all legislative employees, including session staff, to have cultural awareness training at least once every two years. The legislative council service shall select or develop an appropriate cultural awareness curriculum, which may be offered as virtual or in-person training. The legislative council service may provide direct training or may train identified people in each permanent legislative committee, the house of representatives and the senate to conduct the training of their employees and session staff. The curriculum and training shall include mechanisms to achieve two goals of the cultural awareness training, which are to foster cross-cultural relationships and create an active cultural diversity network throughout the state. The training may be designed to meet state bar or other professional continuing education requirements."

SECTION 3. A new section of the Personnel Act is enacted to read:

"[NEW MATERIAL] CULTURAL AWARENESS TRAINING--ALL EXECUTIVE BRANCH EMPLOYEES.--

B. All state employees, whether exempt or classified, shall have cultural awareness training at least once every two years. The state personnel office shall select or develop an appropriate cultural awareness curriculum, which may be offered as virtual or in-person training, for dissemination to all state agencies in the executive branch. Once the training program is set, the state personnel office shall train human resources or other leaders in state agencies who are responsible for conducting the training in their state agencies. The curriculum and training shall include mechanisms to achieve two goals of the training, which are to foster cross-cultural relationships and create an active cultural diversity network throughout the state. The training may be designed to meet state bar or other professional continuing education requirements. Each state agency shall verify to the personnel office that it has held the training for its employees and that every employee of the state agency has satisfactorily completed the training by the end of the biennium."

SECTION 4. A new section of Chapter 34, Article 9 NMSA 1978 is enacted to read:

"[NEW MATERIAL] ADMINISTRATIVE OFFICE OF THE COURTS--CULTURAL AWARENESS TRAINING.--

B. All judges and judicial employees shall have cultural awareness training at least once every two years. The administrative office of the courts shall select or develop an appropriate cultural awareness curriculum, which may be offered as virtual or in-person training, for dissemination to all courts and agencies in the judicial branch. Once the training program is set, the administrative office of the courts shall train human resources or other leaders in the courts and judicial agencies who are responsible for conducting the training in their courts or judicial agencies. The training shall include mechanisms to achieve two goals of the training, which are to foster cross-cultural relationships and create an active cultural diversity network throughout the state. Each court and judicial agency shall verify to the administrative office of the courts that it has held the training for its employees and that every employee of the court and judicial agency has satisfactorily completed the training by the end of the biennium. The training may be designed to meet state bar or other professional continuing education requirements."

SECTION 5. A new section of Chapter 21, Article 1 NMSA 1978 is enacted to read:

"[NEW MATERIAL] BOARDS OF REGENTS--CULTURAL AWARENESS TRAINING AT SPECIAL SCHOOLS AND PUBLIC POST-SECONDARY EDUCATIONAL INSTITUTIONS.--

B. The boards of regents of each of the special schools and each of the public post-secondary educational institutions shall require that every employee have cultural awareness training at least once every two years. The board of regents of each special school or public post-secondary educational institution may delegate its responsibility for the selection or development of the cultural awareness curriculum, which may be offered as virtual or in-person training, for dissemination to all departments, colleges and schools of the institution to conduct faculty and staff training. The training shall include mechanisms to achieve two goals of the training, which are to foster cross-cultural relationships and create an active cultural diversity network throughout the state. The training may be designed to meet professional continuing education requirements."

SECTION 6. A new section of the School Personnel Act is enacted to read:

"[NEW MATERIAL] CULTURAL AWARENESS TRAINING--ALL PUBLIC SCHOOL PERSONNEL.--

B. All public school personnel shall have cultural awareness training at least once every two years. The department is responsible for the selection or development of the cultural awareness curriculum, which may be offered as virtual or in-person training, for dissemination to all school districts and charter schools. The school superintendent or the head administrator of a charter school shall assign a central administrator to train school personnel in each public school who will conduct the training at their public schools. The training shall include mechanisms to achieve two goals of the training, which are to foster cross-cultural relationships and create an active cultural diversity network throughout the state. The training may be designed to meet professional continuing education requirements."

SECTION 7. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2021.

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