Fiscal impact
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Finance Committee (LFC) for standing finance committees of the NM Legislature. The
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F I S C A
L I M P A
C T R E P O R T
|
SPONSOR |
Taylor, JP |
DATE TYPED |
|
HB |
92/aHGUAC/ aHAFC/aSIAC |
||
|
SHORT
TITLE |
Cultural Affairs Department Act |
SB |
|
||||
|
|
ANALYST |
Gilbert |
|||||
APPROPRIATION
|
Appropriation
Contained |
Estimated
Additional Impact |
Recurring or
Non-Rec |
Fund Affected |
||
|
FY04 |
FY05 |
FY04 |
FY05 |
||
|
|
|
|
NFI |
|
|
(Parenthesis
( ) Indicate Expenditure Decreases)
SOURCES
OF INFORMATION
LFC Files
Responses
Received From
Attorney
General’s Office (AGO)
Office
of Cultural Affairs (OCA)
SUMMARY
Synopsis of SIAC
Amendment
The Senate Indian and Cultural Affairs Committee
(SIAC) amendment to House Bill 92 strikes the House Government and Urban
Affairs Committee amendment in its entirety (see HGUAC amendment below).
The SIAC amendment also adds minimum
qualification and appointment requirement language for the following division directors:
Fine Arts,
The director of the
division shall meet the following minimum qualifications:
(1) hold
a bachelor's or higher degree in a discipline related to the function of the
division; and
(2) have
significant experience in the management and operation of an organization similar
to the division.
The director shall be
appointed by the Secretary of Cultural Affairs from a list of no less than
three names provided by the Museum of New Mexico Board of Regents.
Synopsis of HAFC
Amendment
The House Appropriations and Finance Committee
(HAFC) amendment to House Bill 92 strikes the $500.0 appropriation from the
bill and changes control for
"18-3-1.
A. The "It shall have headquarters in Santa Fe,
New Mexico.] All properties,
real or personal, now held for museum purposes and all properties, real or
personal, which may be acquired for museum purposes at any time in the future shall be under the control of the [museum division
of the office of] museum board of regents of the cultural
affairs department.
Synopsis of HGUAC
Amendment
The House Government and Urban Affairs Committee
(HGUAC) amendment to House Bill 92 makes several technical corrections to render
the bill gender neutral and to correct the repeal provisions in section 54 so
as not to repeal §18-4-6 NMSA 1978, which is amended in section 24 of HB
92. The amendment also changes the
Mesilla state monument name to the Taylor Reynolds Barela
state national monument.
Synopsis of the
Original Bill
House Bill 92 creates a Cultural Affairs Department
(CAD) which is composed of 15 divisions.
This bill addresses the directives and recommendations made in Committee
Substitute for House Bill 585, passed and signed by the Governor during the
2003 Legislative Session, and by the Legislative Subcommittee on Reorganization. An appropriation of $500 thousand is allocated
for organizational and operational expenses, including $150 thousand to raise
museum directors to division director status and $350 thousand for museum
services.
This new cabinet department includes the
following divisions:
A. administrative services division;
B. arts division;
C. historic preservation division;
D. library division;
E. Hispanic cultural division;
F. farm and ranch heritage museum division;
G. natural history and science museum division;
H. museum of space history division;
J. the following divisions that make up the
(1)
palace of the governors state history museum division;
(2)
museum of fine art division;
(3)
(4)
museum of international folk art division;
(5)
archaeological services division; and
(6)
state monuments division.
Significant Issues
The Board of Regents of the
FISCAL IMPLICATIONS
The $500.0
appropriation contained in this bill is a recurring expense to the general fund
and any unexpended or unencumbered balance remaining at the end of fiscal year
2005 shall revert to the general fund.
ADMINISTRATIVE IMPLICATIONS
HB 92 creates a division of museum services
within the Cultural Affairs Department (CAD).
According to Section 12 of HB 92, this division serves all the museum
divisions of CAD by providing support in exhibitions, statewide education
services, publishing and other services as requested by the divisions or the CAD
secretary. This is a new division will
serve up to eight separate museum divisions.
This may result in administrative repercussions since the museum divisions
of OCA have never employed a centralized system for museum services.
TECHNICAL ISSUES
The New Mexico Attorney
General’s Office recommends the following amendments to HB 92:
Except
for the
Section
5(B) should
be amended to read: The appointed secretary shall have all the duties, responsibilities
and authority of that office during the period of time prior to confirmation or
rejection of his or her appointment by the senate in conformity with the
requirements of the state constitution.
Section
6(B)(2) should be amended to read: (2) lawfully delegate authority to
subordinates as he or she deems necessary and appropriate, clearly delineating
such delegated authority and the limitations thereto;
Section
6(B)(4) should be amended to read: (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
department;
Section
6(B)(5) should be amended to read: (5) take
administrative action by issuing orders and instruction, in conformity with the
law. To ensure implementation of and compliance with the provisions of the
Department of Cultural Affairs Act, and to enforce those orders and instructions
by appropriate administrative action or actions in the courts;
Section
6(B)(7) should be
amended to read: (7) provide courses of instruction and practical training for
employees of the department and other persons involved in the administration of
programs with the objective of improving the operations and efficiency of the
department;
Section 6(B)(8) should be amended to read: (8) prepare an annual budget for the
department;
Section 6(B)(9) should be amended to read: (9) ensure cooperation, …. :
Section
6(C) should be
amended to read: The secretary is authorized to apply for and receive, …
Section 6
(E) should be
amended to read: The secretary and each division of the department is authorized to promulgate and adopt such reasonable rules
as may be necessary to carry out the duties of the department and its
divisions. A rule proposed by the
director of a division in carrying out the functions and duties of the division
shall not be promulgated until approved by the secretary. Unless otherwise provided by statute, a rule
affecting a person, agency or entity outside the department shall not be
adopted, amended or repealed without a public hearing on the propose action
before the secretary or a hearing officer designated by the secretary. At least one public hearing shall be held in
Section
7(A) should be
amended to read: A.
The divisions and units of the department and the respective
directors shall have all the powers and duties enumerated in the specific laws
involved. However, the implementation of
those powers and duties shall be subject to the direction and supervision of
the secretary, who shall have final decision-making authority and responsibility
for the administration of the powers and duties of the department, its
divisions and units.
Section
7(B) should be
amended to read: (B) The department shall have access to all records, data and
information of other state departments that are not specifically confidential
or otherwise protected from disclosure by law.
Section 8 should be amended to read:
DIVISION DIRECTORS. – Except as otherwise provided by law, the secretary shall
appoint, with the approval of the governor, “directors” of each division within
the department. The directors so appointed
are exempt from the Personnel Act.
The Cultural Affairs Department disagrees with the AGO suggested
amendments to sections 13 through 18 of HB 92 as outlined below:
The proposed AGO amendments say
"under the authority of the
The proposed AGO amendments also
suggest the phrase "exercise trusteeship over the collections" – The
OCD cabinet secretary believes it is important that the Boards exercise
trusteeship over the facilities, too; in
other words, leave the current language in the bill which reads: "exercise trusteeship over the [name of
the specific] Museum". That would
include collections and facilities.
Section 13 should be amended to read:
Section 14 should be amended to read:
Section 15 should be amended to read:
Section 16 should be amended to read:
Section 17 should be amended to read: STATE
MONUMENTS DIVISION CREATED – BOARD OF REGENTS. -- The “state monuments
division” is created in the department of cultural affairs. The state monuments division shall be operated
as a division of the department of cultural affairs and under the authority of
the
Section 18 should be amended to read:
ARCHAEOLOGICAL SERVICES DIVISION CREATED – BOARD OF REGENTS. -- The
“archaeological services division” is created in the department of cultural
affairs. The archaeological services
division shall be operated as a division of the department of cultural affairs
and under the authority of the
Section
19(B) should be
amended to read:
(B)
The
(1)
palace of the governors state history museum;
(2)
museum of fine art;
(3)
(4)
museum of international folk art;
(5)
archaeological services division; and
(6)
state monuments
division.
OTHER SUBSTANTIVE ISSUES
Implementation
of this bill will make museum director positions exempt from the Personnel Act,
thereby making them appointed positions serving at the pleasure of the CAD secretary.
RLG/yr:dm:lg