46th legislature - STATE OF NEW MEXICO - first session, 2003

RELATING TO STATE AGENCIES AND DEPARTMENTS; CREATING THE AGING AND LONG-TERM CARE DEPARTMENT; TRANSFERRING FUNCTIONS, PERSONNEL, MONEY, APPROPRIATIONS AND PROPERTY FROM THE STATE AGENCY ON AGING; AMENDING, REPEALING AND ENACTING SECTIONS OF THE NMSA 1978; DECLARING AN EMERGENCY.

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

Section 1. [NEW MATERIAL] SHORT TITLE.--Sections 1 through 9 of this act may be cited as the "Aging and Long-Term Care Department Act".

Section 2. [NEW MATERIAL] FINDINGS AND PURPOSE.--

A. The legislature finds that a need exists for a single comprehensive approach to effectively and efficiently serve the aging population, their families and caregivers.

B. The legislature further finds that the goal of creating such a unified systemic approach can best be accomplished by creating a cabinet-level department that will focus concern on the aging population and the long-term care needs of the citizens of New Mexico.

C. The purpose of the Aging and Long-Term Care Department Act is to elevate the state agency on aging to a cabinet-level department, change its name and expand its functions and authority to:

(1) implement and administer the requirements of the federal Older Americans Act of 1965 and other programs, services and policies that were administered by the state agency on aging;

(2) develop programs and unified public policies that address the needs of the aging population, their families and caregivers;

(3) develop programs and unified public policies that address the long-term care system in New Mexico and focus on creation of a seamless, comprehensive, efficient and cost-effective home- and community-based long-term care system;

(4) coordinate, reorganize and consolidate older adult services by the end of fiscal year 2004;

(5) coordinate, reorganize and consolidate all long-term care services for other populations by the end of fiscal year 2006; and

(6) work with consumers, other departments, providers and the legislative health and human services committee to study and recommend a transition plan.

Section 3. [NEW MATERIAL] DEFINITIONS.--As used in the Aging and Long-Term Care Department Act:

A. "department" means the aging and long-term care department; and

B. "secretary" means the secretary of aging and long-term care.

Section 4. [NEW MATERIAL] DEPARTMENT CREATED-- DIVISIONS.--

A. The "aging and long-term care department" is created. The department is a cabinet department and includes the following divisions:

(1) administrative services division;

(2) consumer rights and advocacy division;

(3) aging network services division; and

(4) long-term care division.

B. The secretary is empowered to organize the department and the divisions specified in Subsection A of this section and may transfer or merge functions between divisions in the interest of efficiency and economy.

Section 5. [NEW MATERIAL] SECRETARY--APPOINTMENT.--

A. The chief executive and administrative officer of the department is the secretary. The secretary shall be appointed by the governor with the consent of the senate. The secretary shall hold the office at the pleasure of the governor and shall serve in the executive cabinet.

B. An appointed secretary shall serve and have all the duties, responsibilities and authority of that office during the period of time prior to final action by the senate confirming or rejecting his appointment.

Section 6. [NEW MATERIAL] SECRETARY--DUTIES AND GENERAL POWERS.--

A. The secretary is responsible to the governor for the operation of the department. It is the secretary's duty to manage all operations of the department and to administer and enforce the laws with which the secretary or the department is charged.

B. To perform the duties of the secretary, the secretary has every power expressly enumerated in the laws, whether granted to the secretary or the department or a division of the department, except where authority conferred upon a division is explicitly exempted from the secretary's authority by statute. In accordance with these provisions, the secretary shall:

(1) except as otherwise provided in the Aging and Long-Term Care Department Act, exercise general supervisory and appointing authority over all department employees, subject to any applicable personnel laws and rules;

(2) delegate authority to subordinates as he deems necessary and appropriate, clearly delineating the delegated authority and its limitations;

(3) organize the department into the organizational units the secretary deems will enable it to function most efficiently, subject to provisions of law requiring or establishing specific organizational units;

(4) within the limitations of available appropriations and applicable laws, employ and fix the compensation of those persons necessary to discharge the duties of the secretary;

(5) take administrative action by issuing orders and instructions, not inconsistent with the law, to ensure implementation of and compliance with the provisions of law for whose administration or execution the secretary is responsible and to enforce those orders and instructions by appropriate administrative action in the courts;

(6) conduct research and studies to improve the operations of the department and the provision of services to the citizens of the state;

(7) provide courses of instruction and practical training for employees of the department and other persons involved in the administration of programs to improve the operations and efficiency of administration;

(8) prepare an annual budget of the department; and

(9) provide cooperation, at the request of heads of administratively attached agencies, to:

(a) minimize or eliminate duplication of services and jurisdictional conflicts;

(b) coordinate activities and resolve problems of mutual concern; and

(c) resolve by agreement the manner and extent to which the department shall provide budgeting, record-keeping and related clerical assistance to administratively attached agencies.

C. The secretary may apply for and receive, with the governor's approval, in the name of the department, public or private funds, including United States government funds, available to the department to carry out its programs, duties or services.

D. Where functions of departments overlap or a function assigned to one department could better be performed by another department, the secretary may recommend appropriate legislation to the next session of the legislature for its approval.

E. The secretary may make and adopt such reasonable procedural rules as may be necessary to carry out the duties of the department and its divisions. A rule promulgated by the director of a division in carrying out the functions and duties of the division shall not be effective until approved by the secretary unless otherwise provided by law. Unless otherwise provided by law, a rule affecting a person or agency outside the department shall not be adopted, amended or repealed without a public hearing on the proposed action before the secretary or a hearing officer designated by the secretary. The public hearing shall be held in Santa Fe unless otherwise permitted by law. Notice of the subject matter of the rule, the action proposed to be taken, the time and place of the hearing, the manner in which interested persons may present their views and the method by which copies of the proposed rule, proposed amendment or repeal of an existing rule may be obtained shall be published once at least thirty days prior to the hearing date in a newspaper of general circulation and mailed at least thirty days prior to the hearing date to all persons who have made a written request for advance notice of hearing. Rules shall be filed in accordance with the State Rules Act.

Section 7. [NEW MATERIAL] ORGANIZATIONAL UNITS OF THE DEPARTMENT--POWERS AND DUTIES SPECIFIED BY LAW--ACCESS TO INFORMATION.--Those organizational units of the department and the officers of those units specified by law shall have all of the powers and duties enumerated in the specific laws involved. However, the carrying out of those powers and duties shall be subject to the direction and supervision of the secretary, who shall retain the final decision-making authority and responsibility for the administration of any such laws as provided in Subsection B of Section 6 of the Aging and Long-Term Care Department Act. The department shall have access to all records, data and information of other state departments, agencies and institutions, including its own organizational units, not specifically held confidential by law.

Section 8. [NEW MATERIAL] DIVISION DIRECTORS.--Except as otherwise provided by law, the secretary shall appoint, with the approval of the governor, directors of divisions established in the department who shall serve at the secretary's pleasure.

Section 9. [NEW MATERIAL] BUREAUS--CHIEFS.--The secretary may establish in the divisions such bureaus as the secretary deems necessary to carry out the provisions of the Aging and Long-Term Care Department Act. The secretary shall employ a chief to be the administrative head of a bureau who shall be covered by, and subject to, the provisions of the Personnel Act.

Section 10. Section 9-8-8 NMSA 1978 (being Laws 1977, Chapter 252, Section 9, as amended) is amended to read:

"9-8-8. ADMINISTRATIVELY ATTACHED AGENCIES.--The New Mexico office of Indian affairs and the commission on the status of women [and the state agency on aging] are administratively attached to the human services department in accordance with the Executive Reorganization Act."

Section 11. TEMPORARY PROVISION--TRANSITION PLAN.--

A. The aging and long-term care department shall be responsible for the administration of the federal Older Americans Act of 1965 and other policies, programs and services that were provided by the state agency on aging.

B. The governor may by executive order transfer other existing programs for seniors or persons with disabilities in executive agencies under his control to the aging and long-term care department.

C. The office of the governor and the department of finance and administration shall assist the secretary of aging and long-term care in the establishment of the aging and long-term care department.

D. At the time of transfer of an agency or program, all personnel, money, appropriations, records, files, furniture, equipment and other property related to the state agency on aging shall be transferred to the aging and long-term care department. Contractual and other obligations of the state agency on aging shall be obligations of the aging and long-term care department.

E. On the effective date of the Aging and Long-Term Care Department Act, references in law or rules to the state agency on aging shall be deemed to be references to the aging and long-term care department.

Section 12. REPEAL.--Sections 28-4-1 through 28-4-9 NMSA 1978 (being Laws 1969, Chapter 55, Section 2, Laws 1977, Chapter 252, Section 17, Laws 1969, Chapter 55, Section 3 and Laws 1979, Chapter 203, Sections 1 through 6, as amended) are repealed.

Section 13. EMERGENCY.--It is necessary for the public peace, health and safety that this act take effect immediately.