45th legislature - STATE OF NEW MEXICO - first session, 2001
RELATING TO ITALIAN AMERICANS AND OTHER RACES, CULTURES AND ETHNICITIES; CREATING AN OFFICE OF RACIAL, CULTURAL AND ETHNIC AFFAIRS; PRESCRIBING POWERS AND DUTIES; REPEALING AND ENACTING SECTIONS OF THE NMSA 1978; MAKING AN APPROPRIATION.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Section 1. SHORT TITLE.--Sections 1 through 4 of this act may be cited as the "Racial, Cultural and Ethnic Affairs Act".
Section 2. DEFINITIONS.--As used in the Racial, Cultural and Ethnic Affairs Act:
A. "fund" means the office on racial, cultural and ethnic affairs fund; and
B. "office" means the office on racial, cultural and ethnic affairs.
Section 3. OFFICE CREATED--POWERS AND DUTIES.--
A. The "office on racial, cultural and ethnic affairs" is created and attached administratively to the human services department.
B. The governor shall appoint a director, who shall work at the pleasure of the governor. The director shall employ other necessary employees, who shall be subject to the provisions of the Personnel Act.
C. The office shall:
(1) study issues important to the citizens of New Mexico of various races, cultures and ethnicities, including history and culture; education, scholarships and other financial assistance for education and career development; economic and social problems and issues such as jobs, housing, discrimination, family support, youth idleness and crime; and health care, maternal and child health, teen pregnancy, access and other health issues;
(2) secure recognition of accomplishments and contributions to New Mexico and the United States by the citizens of New Mexico of various races, cultures and ethnicities;
(3) cooperate with and assist public and private entities dealing with issues important to the citizens of New Mexico of various races, cultures and ethnicities;
(4) direct the operations of the office;
(5) where appropriate, conduct periodic conferences throughout the state to inform citizens of the state of the opportunities available to them through state and private sources, to encourage them to share their history and culture with other New Mexicans and participate in the social and political processes of their communities and to learn from conference participants their needs and problems;
(6) otherwise act as an advocate for the citizens of New Mexico of various races, cultures and ethnicities;
(7) act as the coordinating agency for intergovernmental programs concerning tribal governments and the state of New Mexico; and
(8) investigate, study, consider and act upon the entire subject of Indian conditions and relations within the state of New Mexico, including, but not restricted to, problems of health, economy, education, legislation and local, state and federal government. In performing its functions, the office shall provide an opportunity for the presentation and exchange of ideas in respect to Indian affairs of the state by all interested persons.
D. Additionally, the office shall:
(1) act as a clearinghouse for information important to citizens of various races, cultures and ethnicities of the community;
(2) function as the coordinating office for all services and activities of state agencies and programs pertaining to the citizens of New Mexico of various races, cultures and ethnicities;
(3) encourage funding and implementation of training programs and other opportunities for the citizens of New Mexico of various races, cultures and ethnicities;
(4) promote and develop programs about community resources designed to meet the needs of citizens of various races, cultures and ethnicities;
(5) prepare and submit a budget for the office; and
(6) publish an annual report on the activities and services of the office.
E. The office may:
(1) adopt and promulgate rules in accordance with the State Rules Act to carry out the duties of the office;
(2) accept gifts, grants, donations, bequests and devises from any source to be used to carry out its duties; and
(3) enter into contracts.
Section 4. FUND CREATED--ADMINISTRATION.--The "office on racial, cultural and ethnic affairs fund" is created in the state treasury. The fund shall consist of gifts, grants, donations and bequests. Money in the fund at the end of any fiscal year shall not revert. The fund shall be administered by the office, and disbursements from the fund shall be made on warrant drawn by the secretary of finance and administration pursuant to vouchers signed by the director of the office or his authorized representative.
Section 5. TEMPORARY PROVISION--TRANSFER.--On the effective date of this act, all personnel, budgets, funds, appropriations, records, contracts, equipment and other property of the New Mexico office of Indian affairs and the office on African American affairs used to administer the New Mexico office of Indian affairs and the office of African American affairs are transferred to the office of racial and ethnic affairs. All references to the office of Indian affairs and the office on African American affairs in any agreement, regulation, grant document or other legal document relating to the New Mexico office of Indian affairs and the office on African American affairs shall be deemed to refer to the office of racial and ethnic affairs.
Section 6. APPROPRIATION.--One hundred fifty thousand dollars ($150,000) is appropriated from the general fund to the office on racial, cultural and ethnic affairs fund for expenditure in fiscal year 2002 and subsequent fiscal years to carry out the provisions of the Racial, Cultural and Ethnic Affairs Act. Any unexpended or unencumbered balance remaining at the end of a fiscal year shall not revert to the general fund.
Section 7. REPEAL.--Sections 28-12-4 through 28-12-9 and 28-21-1 through 28-21-4 NMSA 1978 (being Laws 1975 (S.S.), Chapter 11, Section 1, Laws 1955, Chapter 162, Sections 2 through 4, Laws 1967, Chapter 225, Section 1, Laws 1975 (S.S.), Chapter 11, Section 1, Laws 1955, Chapter 162, Section 5 and Laws 1999, Chapter 163, Sections 1 through 4, as amended) are repealed.
Section 8. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2001.