AN ACT

RELATING TO GOVERNMENT ORGANIZATION; CHANGING THE NAME OF THE GOVERNOR'S COMMITTEE ON CONCERNS OF THE HANDICAPPED TO THE GOVERNOR'S COMMISSION ON DISABILITY.

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

Section 1. Section 28-10-1 NMSA 1978 (being Laws 1973, Chapter 349, Section 1, as amended) is amended to read:

"28-10-1. GOVERNOR'S COMMISSION ON DISABILITY.--

A. There is created the "governor's commission on disability" consisting of fifteen members, nine of whom shall be appointed by the governor. The six remaining members shall be the director of the vocational rehabilitation division of the public education department, the secretary of labor or his designee, the director of the behavioral health services division of the department of health, the secretary of children, youth and families or his designee, the director of the state agency on aging or his designee and the secretary of human services or his designee. Initially, three members shall be appointed for terms ending December 31, 1978, three members for terms ending December 31, 1980 and three members for terms ending December 31, 1982. Thereafter, appointments shall be for six years expiring on December 31 of even-numbered years. Appointed members shall be appointed from different geographic areas of the state and from the major disability services in the state. Appointed members shall include individuals with disabilities, representatives of government, private enterprise, parents or guardians of individuals with disabilities and professionals in, or those who are interested in, service for individuals with disabilities. Not more than five of the members appointed by the governor shall be of the same political party.

B. A majority of the members of the commission constitutes a quorum for the transaction of business. The commission shall meet at least twice a year and shall annually elect a chairman and a vice chairman.

C. The commission shall be primarily concerned with those individuals with disabilities who have a condition which, regardless of its physical or mental origin, constitutes a substantial occupational disadvantage."

Section 2. Section 28-10-2 NMSA 1978 (being Laws 1973, Chapter 349, Section 2, as amended) is amended to read:

"28-10-2. GOVERNOR'S COMMISSION ON DISABILITY--POWERS AND DUTIES.--The governor's commission on disability shall establish and maintain a comprehensive statewide program designed to encourage and promote attention to the concerns of the training and employment of individuals with disabilities in this state. To further this purpose, the commission shall:

A. cooperate with the president's committee on employment of individuals with disabilities and other federal efforts on behalf of disability concerns;

B. cooperate with all employers and training leaders, both public and private, in locating or developing employment opportunities for individuals with disabilities;

C. encourage and assist in the organization and operation of committees at the community level, the chairmen of which shall automatically become members of the advisory council authorized under Section 28-10-4 NMSA 1978;

D. assist state, local and federal agencies to coordinate their activities to secure maximum utilization of funds and efforts that aid in the training and employment of individuals with disabilities;

E. enter into written agreements with public and private employers, unions and rehabilitation agencies for the purpose of achieving the maximum employment of individuals with disabilities;

F. inform individuals with disabilities who are seeking jobs of specific facilities available to assist them in locating suitable training and employment;

G. conduct educational programs via publications and other means to acquaint the public, the legislature and the governor with the abilities and the accomplishments of individuals with disabilities;

H. promote the elimination of architectural barriers in construction so as to make buildings used by the public readily accessible to and usable by persons with physical limitations;

I. make such rules as it determines advisable for the conduct of its own business;

J. designate standing committees related to state planning, community organization, public relations and information, legislative action, federal coordination, state coordination, youth, medical rehabilitation, employers and awards;

K. designate such special committees as necessary for undetermined periods to carry out special short-term programs;

L. establish and administer a residential accessibility modification program to assist low-income individuals with disabilities to make accessibility modifications to residential dwellings as needed to enable those individuals with disabilities to remain in their homes or to leave institutional settings and be reintegrated into the community; and

M. give advice and testimony on disability concerns to the governor or the legislature or any committee established by them, upon request."

Section 3. Section 28-10-3 NMSA 1978 (being Laws 1973, Chapter 349, Section 3, as amended) is amended to read:

"28-10-3. ADDITIONAL POWERS.--The governor's commission on disability:

A. may receive on behalf of the state any gifts, donations or bequests from any source to be used in carrying out its duties; and

B. is designated as the state agency for handling all programs of the federal government related to the concerns of individuals with disabilities except those designated by law as the responsibility of another state agency and may enter into contracts and agreements with agencies of the federal government for this purpose that do not conflict with existing programs of other state agencies."

Section 4. Section 28-10-3.1 NMSA 1978 (being Laws 1995, Chapter 95, Section 1) is amended to read:

"28-10-3.1. FULL-SERVICE GASOLINE STATIONS--DECAL DISPLAY--SERVICE TO INDIVIDUALS WITH DISABILITIES.--

A. The governor's commission on disability shall design and produce a decal for display in full-service gasoline stations signifying that the gasoline station will provide gasoline pumping, window washing, fluid checks and other services provided at its full-service island to any properly permitted or certified disabled driver at a

self-service island.

B. Any full-service gasoline station providing the services described in Subsection A of this section may request and shall receive the decal upon application to the governor's commission on disability.

C. No gasoline station shall display the decal issued by the governor's commission on disability unless it provides full service to any disabled driver at a

self-service island.

D. Any gasoline station owner or operator who displays a decal signifying that the station will provide additional services to disabled drivers at a self-service island and who fails to provide that service shall be subject to revocation of their decal for display according to this section."

Section 5. Section 28-10-3.3 NMSA 1978 (being Laws 1999, Chapter 297, Section 2) is amended to read:

"28-10-3.3. PROGRAM CREATED.--The "placard abuse prevention program" is created in the governor's commission on disability to ensure compliance with statutes affecting parking privileges for persons with severe mobility impairment and safe and effective use of designated disabled parking space. The commission shall design and implement a program to:

A. monitor the system of eligibility for and use of parking placards and special registration plates;

B. provide public awareness education and training to address barriers to the appropriate use of designated disabled parking space;

C. pursue efforts to reduce abuse and misuse of designated disabled parking space privileges, including revocation of parking placards and special registration plates; and

D. provide education, training and technical assistance to local law enforcement agencies and volunteers on enforcement of statutes affecting use of designated disabled parking space."

Section 6. Section 28-10-4 NMSA 1978 (being Laws 1973, Chapter 349, Section 4, as amended) is amended to read:

"28-10-4. ADVISORY COUNCIL.--

A. The governor's commission on disability shall appoint an appropriate advisory council on disability, which shall include representatives of state departments and agencies and individuals attentive to the concerns of individuals with disabilities.

B. The advisory council shall meet at the call of the chairman and shall make recommendations to the governor's commission on disability for the improvement and coordination of state activities relative to the concerns of individuals with disabilities."

Section 7. Section 28-10-5 NMSA 1978 (being Laws 1973, Chapter 349, Section 5, as amended) is amended to read:

"28-10-5. FUND FOR THE HANDICAPPED CREATED.--

A. There is created in the state treasury a "fund for the handicapped". All funds, gifts, donations, bequests and other income of the governor's commission on disability shall be deposited by the director of the commission in that fund and shall be available to the commission to further the purpose of Sections 28-10-1 through 28-10-8.1 NMSA 1978 or for the purposes stated by the donor or grantor of the funds.

B. Distributions made to the fund for the handicapped from the handicapped housing modification permanent fund shall constitute a separate account in the fund and are appropriated to the governor's commission on disability for the purpose of carrying out a residential accessibility modification program.

C. Money in the fund for the handicapped shall not revert but shall be used only as provided in Sections 28-10-1 through 28-10-8.1 NMSA 1978."

Section 8. Section 28-10-6 NMSA 1978 (being Laws 1973, Chapter 349, Section 6, as amended) is amended to read:

"28-10-6. REPORTS.--The governor's commission on disability and the advisory council on disability shall submit reports on their work for the preceding year to the governor and the legislature at least forty-five days prior to each regular legislative session. The report shall contain recommendations on present and future needs of individuals with disabilities."

Section 9. Section 28-10-7 NMSA 1978 (being Laws 1973, Chapter 349, Section 7, as amended) is amended to read:

"28-10-7. COMPENSATION.--Members of the governor's commission on disability shall be reimbursed as provided in the Per Diem and Mileage Act but shall receive no other compensation, perquisite or allowance. Members of the advisory council on disability may receive reimbursement in the same manner from funds available to the commission, only for advisory council meetings."

Section 10. Section 28-10-8 NMSA 1978 (being Laws 1982, Chapter 13, Section 1) is amended to read:

"28-10-8. ADMINISTRATIVE ATTACHMENT.--The governor's commission on disability is administratively attached, as defined in the Executive Reorganization Act, to the department of finance and administration."

Section 11. Section 28-10-8.1 NMSA 1978 (being Laws 1982, Chapter 13, Section 2) is amended to read:

"28-10-8.1. DIRECTOR--COMMISSION STAFF.--The governor's commission on disability shall appoint a director who is the administrative officer of the commission. The director shall employ other necessary employees under the provisions of the Personnel Act."

Section 12. TEMPORARY PROVISION--TRANSFERS.--

A. On the effective date of this act, all appropriations, money, personnel, records, files, equipment, furniture and other property of the governor's committee on concerns of the handicapped are transferred to the governor's commission on disability.

B. On the effective date of this act, all contractual obligations of the governor's committee on concerns of the handicapped shall be binding on the governor's commission on disability.

C. On the effective date of this act, all

references in law to the governor's committee on concerns of

the handicapped shall be deemed to be references to the

governor's commission on disability.