46th legislature - STATE OF NEW MEXICO - first session, 2003
RELATING TO EXECUTIVE REORGANIZATION; PERMITTING THE GOVERNOR TO REORGANIZE CERTAIN AGENCIES BY EXECUTIVE ORDER IN 2003 TO MAKE THEM CABINET-LEVEL DEPARTMENTS; REQUIRING LEGISLATIVE APPROVAL OF SUCH EXECUTIVE ORDER REORGANIZATIONS; PROVIDING FOR TRANSFERS OF FUNCTIONS, PERSONNEL, APPROPRIATIONS, MONEY AND PROPERTY.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Section 1. PURPOSE--ELEVATING STATE AGENCIES TO CABINET-LEVEL DEPARTMENTS.--
A. The purpose of elevating the state agency on aging to a cabinet-level department is 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) create and organize divisions to carry out the purposes identified in this section, including but not limited to, consumer rights and advocacy, aging network services and long-term care divisions;
(5) work with consumers, advocacy organizations, providers, other departments, stakeholders and the legislative health and human services committee to develop a comprehensive plan to provide long-term care and related services for an older adult population; and
(6) develop a comprehensive plan to coordinate, reorganize and consolidate older adult services by June 30, 2004.
B. The purpose of elevating the office of cultural affairs to a cabinet-level department is to:
(1) develop programs and unified public policies for cultural affairs; and
(2) improve and enhance educational, historical, archaeological and architectural preservation, collections and other cultural services for the state.
C. The purpose of elevating the New Mexico office of Indian affairs to a cabinet-level department is to:
(1) investigate, study, consider and act upon the entire subject of Indian conditions and relations within the state, including issues of health, economy, education, legislation, safety, welfare and local, state and federal government;
(2) ensure coordination between state government and tribal governments, including technical assistance, advocacy and informational services; program and fiscal management; and capital outlay management, through methods that promote effective tribal and state working relationships for provision of quality services; and
(3) provide a conduit for state and tribal government-to-government relations that increases each sovereign's ability to respond more effectively to the issues and needs of the state's Native American communities and citizens.
D. The purpose of elevating the New Mexico veterans' service commission to a cabinet-level department is to:
(1) develop programs and unified public policies that address the needs of veterans and their families; and
(2) develop and expand outreach and education to improve the quality of life for veterans and their families.
Section 2. EXECUTIVE REORGANIZATION--EXECUTIVE ORDER--
TRANSFERS--LEGISLATIVE APPROVAL.--
A. The governor may, by executive order issued in 2003, make the following state agencies cabinet-level departments:
(1) the state agency on aging may become the aging and long-term care department;
(2) the office of cultural affairs may become the cultural affairs department;
(3) the New Mexico office of Indian affairs may become the Indian affairs department; and
(4) the New Mexico veterans' service commission may become the veterans' service department.
B. Functions, personnel, appropriations, money, records, files, furniture, equipment and other property of an agency specified in Subsection A of this section shall be transferred to the resulting department. Contractual and statutory obligations of the original agency shall be obligations of the resulting department.
C. The executive order relating to the state agency on aging may provide for the transfer of functions, personnel, appropriations, money, records, files, furniture, equipment, supplies and other property of the children, youth and families department, human services department and department of health pertaining to adult services to the aging and long-term care department.
D. If a special election is held and the voters approve a constitutional amendment to create a cabinet-level public education department, the governor may, by executive order issued in 2003, establish the department from the state department of public education. Upon issuance of the executive order, functions, personnel, appropriations, money, records, files, furniture, equipment and other property of the state department of public education shall be transferred to the public education department. Contractual and statutory obligations of the state department of public education shall be obligations of the public education department.
E. If a bill of the forty-sixth legislature, second session, approving an executive reorganization undertaken pursuant to Subsections A and D of this section is not enacted into law, that reorganization is void.