SENATE BILL 405

46th legislature - STATE OF NEW MEXICO - second session, 2004

INTRODUCED BY

Cisco McSorley

AN ACT

RELATING TO EXECUTIVE REORGANIZATION; CREATING THE OFFICE OF JUSTICE, LIBERTY AND PEACE; PROVIDING POWERS AND DUTIES; CREATING THE COMMISSION OF PEACE EDUCATION AND TRAINING; CREATING THE COMMISSION OF PEACE ACTIVITIES; CREATING THE COMMISSION OF TECHNOLOGY FOR PEACE; CREATING THE COMMISSION OF PEACEFUL COEXISTENCE AND NONVIOLENT CONFLICT RESOLUTION; CREATING THE CITIZENS PEACE ADVISORY COUNCIL; MAKING AN APPROPRIATION.

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

     Section 1. SHORT TITLE.--This act may be cited as the "Office of Justice, Liberty and Peace Act".

     Section 2. PURPOSE.--The purpose of the Office of Justice, Liberty and Peace Act is to establish an office dedicated to peacemaking and the study of conditions that are conducive to peace.

     Section 3. DEFINITIONS.--As used in the Office of Justice, Liberty and Peace Act:

          A. "chief" means the chief of justice, liberty and peace;

          B. "council" means the citizens peace advisory council; and

          C. "office" means the office of justice, liberty and peace.

     Section 4. OFFICE ESTABLISHED.--The "office of justice, liberty and peace" is created. The office shall be administratively attached to the department of finance and administration. For purposes of this section, the term "administratively attached" means the same as specified in Section 9-1-7 NMSA 1978.

     Section 5. CHIEF OF PEACE--APPOINTMENT.--

          A. The administrative head of the office is the "chief of justice, liberty and peace", who shall be appointed by the governor with the consent of the senate.

          B. The chief 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 the appointment.

     Section 6. CHIEF--GENERAL DUTIES.--

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

          B. The chief shall:

                (1) analyze existing policies and develop new approaches for dealing with societal issues, including:

                     (a) spouse abuse, child abuse and mistreatment of the elderly;

                     (b) drug and alcohol abuse;

                     (c) crime, punishment and rehabilitation;

                     (d) violence against animals;

                     (e) gun-related violence;

                     (f) school and gang violence;

                     (g) racial or ethnic violence and violence against gays and lesbians; and

                     (h) disputes between the police and community members;

                (2) make policy recommendations to the attorney general regarding civil rights and labor law;

                (3) assist in establishing community-based violence prevention programs, including violence prevention counseling and peer mediation in schools;

                (4) provide for counseling for and advocate on behalf of women victimized by violence;

                (5) provide for public education programs and counseling strategies concerning hate crimes; and

                (6) promote racial and ethnic tolerance.

     Section 7. CHIEF--HUMAN SECURITY DUTIES.--The chief shall address and offer nonviolent conflict resolution strategies on issues of human security if security is threatened, whether the conflict is:

          A. based on geographic, religious, ethnic, racial or class concerns;

          B. derived from economic concerns, including trade or distribution of wealth; or

          C. initiated through disputes concerning the scarcity of natural resources, food or trade.

     Section 8. CHIEF--MEDIA DUTIES.--The chief shall:

          A. seek assistance in the design and implementation of nonviolent policies from media professionals;

          B. study the role of the media in the escalation and recession of conflict and make findings public; and

          C. make recommendations to professional media organizations to increase media awareness of peace-building initiatives.

     Section 9. CHIEF--EDUCATIONAL DUTIES.--The chief shall:

          A. develop a peace education curriculum, which shall include the study of:

                (1) the civil rights movement in the United States and throughout the world with special emphasis on how individual involvement has contributed to advancements in peace and justice; and

                (2) peace agreements and circumstances in which peaceful intervention has succeeded in stopping conflict; and

          B. cooperate with the secretary of public education to develop curricula and make curricula available to school districts to facilitate instruction in peaceful conflict resolution and other peace education objectives at elementary and secondary schools.

     Section 10. PERSONNEL.--The chief shall employ professional and clerical assistance as deemed necessary and shall appoint a:

          A. director of peace education and training;

          B. director of peace activities;

          C. director of technology for peace;

          D. director of peaceful coexistence and nonviolent conflict resolution; and

          E. general counsel.

     Section 11. COMMISSION OF PEACE EDUCATION AND TRAINING.--

          A. The "commission of peace education and training" is created in the office, and the administrative head of the commission is the "director of peace education and training".

          B. The director of peace education and training shall:

                (1) in collaboration with the chief, develop a peace education curriculum and supporting materials for distribution to the public education department;

                (2) provide peace education grants for the creation and expansion of peace studies programs; and

                (3) create a community peace block grant program to provide grants to nonviolent conflict resolution programs and local peace-building initiatives.

     Section 12. COMMISSION OF PEACE ACTIVITIES.--

          A. The "commission of peace activities" is created in the office, and the administrative head of the commission is the "director of peace activities".

          B. The director of peace activities shall:

                (1) develop alternatives for the treatment of drug and alcohol abuse;

                (2) initiate programs and build on existing programs to prevent crime, including community policing and peaceful settlement programs for police and other public safety officers; and

                (3) develop community-based strategies for celebrating diversity and promoting tolerance.

     Section 13. COMMISSION OF TECHNOLOGY FOR PEACE.--

          A. The "commission of technology for peace" is created in the office, and the administrative head of the commission is the "director of technology for peace".

          B. The director of technology for peace shall provide grants for the research and development of technology in transportation, communication and energy that:

                (1) are nonviolent in their application; and

                (2) encourage the conservation of natural resources to prevent future conflicts stemming from resource scarcity.

     Section 14. COMMISSION OF PEACEFUL COEXISTENCE AND NONVIOLENT CONFLICT RESOLUTION.--

          A. The "commission of peaceful coexistence and nonviolent conflict resolution" is created in the office, and the administrative head of the commission is the "director of peaceful coexistence and nonviolent conflict resolution".

          B. The director of peaceful coexistence and nonviolent conflict resolution shall:

                (1) publish a monthly journal of the office's activities and encourage scholarly participation;

                (2) gather information on effective community peace-building activities and disseminate the information;

                (3) research the effect of violence in the media and make the reports annually available to the public; and

                (4) hold conferences to create awareness of the office's findings.

     Section 15. CITIZENS PEACE ADVISORY COUNCIL--CREATION--MEMBERS--RESPONSIBILITIES--COMPENSATION.--

          A. The "citizens peace advisory council" is created and shall be composed of five ex-officio and eighteen appointed members as follows:

                (1) the chief of peace;

                (2) the director of peace education and training;

                (3) the director of peace activities;

                (4) the director of technology for peace;

                (5) the director of peaceful coexistence and nonviolent conflict resolution;

                (6) four representatives from peace advocacy organizations, who shall be appointed by the chief;

                (7) three representatives from religious or spiritual organizations, who shall be appointed by the chief;

                (8) two representatives from an environmental organization, who shall be appointed by the secretary of energy, minerals and natural resources;

                (9) two representatives from local law enforcement agencies, who shall be appointed by the secretary of public safety;

                (10) one health professional with expertise in behavioral and public health issues, who shall be appointed by the secretary of health;

                (11) one representative from an energy conservation organization with expertise in alternative energy use, who shall be appointed by the secretary of energy, minerals and natural resources;

                (12) two representatives affiliated with a radio or television station or a print publication, appointed by the chief; and

                (13) three public school educators, appointed by the secretary of public education.

          B. The council shall select a chairperson, a vice chairperson and other officers as it deems necessary.

          C. The council shall meet no less than twice annually and may meet more frequently upon the call of the chairperson. The council shall:

                (1) organize and participate in public dialogues throughout the state;

                (2) provide assistance and make recommendations to the chief and the governor concerning policies relating to peace and nonviolent conflict resolution; and

                (3) submit, annually, a report to the chief and the governor reviewing the impact of state peace activities on local governments.

          D. Council members shall receive per diem and mileage as provided for nonsalaried public officers in the Per Diem and Mileage Act and shall receive no other compensation, perquisite or allowance.

     Section 16. APPROPRIATION.--Two hundred fifty thousand dollars ($250,000) is appropriated from the general fund to the office of peace for expenditure in fiscal year 2005 to carry out the provisions of the Office of Justice, Liberty and Peace Act. Any unexpended or unencumbered balance remaining at the end of fiscal year 2005 shall not revert to the general fund.

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