44TH LEGISLATURE - STATE OF NEW MEXICO - FIRST SESSION, 1999

RELATING TO STRATEGIC PLANNING; AMENDING AND ENACTING SECTIONS OF THE NMSA 1978 TO ESTABLISH THE NEW MEXICO FUTURES COMMISSION TO FORM A FRAMEWORK FOR ENSURING NEW MEXICO'S LEGACY OF ENCHANTMENT; ESTABLISHING POWERS AND DUTIES; MAKING AN APPROPRIATION.

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

Section 1. [NEW MATERIAL] SHORT TITLE.--Sections 1 through 5 of this act may be cited as the "Strategic Planning Act".

Section 2. [NEW MATERIAL] LEGISLATIVE FINDINGS--

PURPOSE.--

A. The legislature finds that the state is faced with increasing demands and limited resources and that this situation requires the conservation and wise management of resources to preserve them for future generations. The legislature finds further that wise use and management of state resources require the cooperative effort of both the public and the private sector.

B. The legislature also finds that the state currently lacks a comprehensive strategic planning process. Given the necessity of strategic planning and resource management, the legislature finds that a process needs to be established to accomplish both those goals in a manner that reflects the diversity and richness of the state's citizenry.

C. It is the purpose of the Strategic Planning Act to create an organizational entity design to oversee the implementation of a statewide strategic planning process.

Section 3. [NEW MATERIAL] DEFINITIONS.--As used in the Strategic Planning Act:

A. "commission" means the New Mexico futures commission; and

B. "director" means the executive director of the New Mexico futures commission.

Section 4. [NEW MATERIAL] NEW MEXICO FUTURES COMMISSION--CREATION--MEMBERSHIP.--

A. The "New Mexico futures commission" is created.

B. The commission shall be composed of twelve members, six of whom shall be appointed by the governor, three of whom shall be appointed by the president pro tempore of the senate and three of whom shall be appointed by the speaker of the house of representatives. To the extent possible, members should be appointed to reflect the geographic and cultural diversity of the state. Of the members initially appointed to the commission, members appointed by the president pro tempore of the senate and the speaker of the house of representatives shall serve terms of two years; members appointed by the governor shall serve terms of one year. All subsequent appointees shall serve terms of two years. Members may be reappointed but may serve for no longer than four full terms.

C. The governor shall appoint one member of the commission to serve as chairman. Members of the commission may elect from among themselves other officers they deem necessary.

D. Members of the commission who are not state employees may be paid per diem and mileage pursuant to the provisions of the Per Diem and Mileage Act.

Section 5. [NEW MATERIAL] COMMISSION POWERS AND DUTIES.--

A. The commission shall establish a strategic planning process, including public and private sector partners. The process shall be modeled after strategic planning processes in common use in the public and private sectors. The process shall include:

(1) a method to ensure broad-based statewide participation;

(2) an information-gathering component by which to assess current economic conditions and trends;

(3) an analysis of the state's strengths, weaknesses and opportunities;

(4) the establishment of goals, objectives and strategies for implementation;

(5) a procedure for measuring performance; and

(6) a procedure for periodic review and refinement of the planning process.

B. The commission shall work with planning and development districts to coordinate regional planning development and to ensure that the strategic planning process reflects a statewide initiative.

C. Prior to December 1 of each year, the commission shall prepare and submit a report to the governor and the legislature on the status of the strategic planning process and implementation of the strategic plan.

D. The commission shall hire and fix the compensation of an executive director, who shall not be a member of the commission. The person selected as director shall not be a state employee on the effective date of the Strategic Planning Act. The director shall be well versed in planning and management and the implementation of planning directives. The director, with the approval of the commission, may employ staff as necessary to carry out the duties of the commission and the provisions of the Strategic Planning Act.

E. The commission, through its director, may enter into such contracts and agreements as are necessary to carry out the provisions of the Strategic Planning Act.

F. Employees shall serve at the pleasure of the commission and are exempt from the provisions of the Personnel Act.

Section 6. Section 10-9-4 NMSA 1978 (being Laws 1961, Chapter 240, Section 4, as amended) is amended to read:

"10-9-4. COVERAGE OF SERVICE.--The Personnel Act and the service cover all state positions except:

A. officials elected by popular vote or appointed to fill vacancies to elective offices;

B. members of boards and commissions and heads of agencies appointed by the governor;

C. heads of agencies appointed by boards or commissions;

D. directors of department divisions;

E. those in educational institutions and in public schools;

F. those employed by state institutions and by state agencies providing educational programs and who are required to hold valid certificates as certified school instructors as defined in Section 22-1-2 NMSA 1978 issued by the state board of education;

G. those in the governor's office;

H. those in the state militia or the commissioned officers of the New Mexico state police division of the department of public safety;

I. those in the judicial branch of government;

J. those in the legislative branch of government;

K. employees of the New Mexico futures commission;

[K.] L. not more than two assistants and one secretary in the office of each official listed in Subsections A, B and C of this section, excluding members of boards and commissions in Subsection B of this section;

[L.] M. those of a professional or scientific nature which are temporary in nature;

[M.] N. those filled by patients or inmates in charitable, penal or correctional institutions;

[N.] O. state employees if the personnel board in its discretion decides that the position is one of policymaking; and

[O.] P. disadvantaged youth under twenty-two years of age regularly enrolled or to be enrolled in a secondary educational institution approved by the state board of education or in an accredited state institution of advanced learning or vocational training and who are to be employed for not more than seven hundred twenty hours during any calendar year:

(1) the term "disadvantaged youth" shall be defined for purposes of this exemption by regulation duly promulgated by the board; and

(2) the board shall:

(a) require that all the criteria of this subsection have been met;

(b) establish employment lists for the certification of the highest-standing candidates to the prospective employers; and

(c) establish the pay rates for such employees."

Section 7. APPROPRIATION.--One hundred thirty-five thousand dollars ($135,000) is appropriated from the general fund to the New Mexico futures commission for expenditure in fiscal year 2000 for the purpose of carrying out the provisions of the Strategic Planning Act. The appropriation is contingent on an equal contribution to the commission from the private sector. Any unexpended or unencumbered balance remaining at the end of fiscal year 2000 shall revert to the general fund.