SENATE BILL 697

47th legislature - STATE OF NEW MEXICO - second session, 2006

INTRODUCED BY

Leonard Tsosie

AN ACT

RELATING TO FORENSIC INVESTIGATIONS; ESTABLISHING THE TRIBAL FORENSIC INVESTIGATION FUND; MAKING AN APPROPRIATION; DECLARING AN EMERGENCY.

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

     Section 1. [NEW MATERIAL] TRIBAL FORENSIC INVESTIGATION FUND--CREATED--ADMINISTRATION.--

          A. The "tribal forensic investigation fund" is created in the state treasury.

          B. The tribal forensic investigation fund shall be administered by the secretary of Indian affairs to pay for the extraordinary services provided by the office of the state medical investigator or a district medical investigator on land in New Mexico within the exterior boundaries of an Indian nation, tribe or pueblo.

          C. Money in the tribal forensic investigation fund is appropriated to the Indian affairs department for expenditure to pay for the extraordinary costs of forensic investigations and other services that are not within the ordinary and usual duties and responsibilities of the office of the state medical investigator or a district medical investigator and are provided on land located in New Mexico within the exterior boundaries of an Indian nation, tribe or pueblo.

          D. Any unexpended or unencumbered balance remaining in the tribal forensic investigation fund at the end of a fiscal year shall not revert to the general fund.

          E. Earnings on the tribal forensic investigation fund shall be transferred to the general fund.

          F. Money in the tribal forensic investigation fund shall be expended pursuant to vouchers signed by the secretary of Indian affairs upon warrants issued by the department of finance and administration.

          G. The state medical investigator or a district medical investigator shall submit to the secretary of Indian affairs charges for which reimbursement from the tribal forensic investigation fund is requested. The request for reimbursement shall be accompanied by documentation from the state medical investigator or district medical investigator providing the service as to the nature of the service provided, why the service is considered extraordinary and whether any other similar services have been provided in the state for a fee or free of charge.

          H. Prior to disbursing money from the tribal forensic investigation fund, the secretary of Indian affairs shall review the documentation from the state medical investigator or a district medical investigator to ensure that the services for which the fund is being charged are not services that the state medical investigator or a district medical investigator is required to provide through the ordinary and usual operations of the office of the state medical investigator.

          I. The ordinary and usual services provided by the office of the medical investigator to communities of New Mexico residents living within the exterior boundaries of an Indian nation, tribe or pueblo shall be provided without charge to the extent that those services are provided without charge to all other municipalities or counties in the state.

      Section 2. Section 24-11-2 NMSA 1978 (being Laws 1971, Chapter 112, Section 2, as amended) is amended to read:

     "24-11-2. MEETINGS--DUTIES.--

          A. The board of medical [investigations] investigators shall meet at least annually and as often as necessary to conduct the business of the board. Additional meetings may be called by the [chairman] chair or by a majority of the members of the board.

          B. At the first annual meeting of the board, the members shall elect one of [their number] the members as [chairman] chair.

          C. The board of medical [investigations] investigators shall formulate broad policy for the operation of the office of the state medical investigator and the offices of the district medical investigators, including ensuring that forensic investigations and other services that are provided in the ordinary and usual course of the operation of the office of the state medical investigator or a district medical investigator are provided on an equal basis to all communities in New Mexico and in all areas of the state, including forensic investigations and other services that are provided on land in New Mexico within the exterior boundaries of an Indian nation, tribe or pueblo. The state medical investigator or a district medical investigator may charge a fee, not to exceed the cost of the service provided, for all services provided on federal military reservations within the state.

          D. The board of medical [investigations] investigators shall employ and fix the compensation of a qualified state medical investigator who shall be assigned as an employee of the university of New Mexico school of medicine."

     Section 3. Section 24-11-3 NMSA 1978 (being Laws 1971, Chapter 112, Section 3, as amended) is amended to read:

     "24-11-3. STATE MEDICAL INVESTIGATOR--QUALIFICATIONS--DUTIES--OFFICE.--

          A. The state medical investigator shall be a physician licensed to practice in New Mexico. Insofar as practicable, the medical investigator shall be trained in the fields of pathology and forensic medicine.

          B. The state medical investigator shall maintain [his] an office at the [school of medicine at the] university of New Mexico school of medicine.

          C. The state medical investigator shall appoint district medical investigators and, where necessary, deputy medical investigators who shall serve at [his] the investigator's pleasure. The state medical investigator may assign deputy medical investigators to districts to work under the supervision of a district medical investigator. The district medical investigator shall be a licensed physician. When deemed necessary by the state medical investigator, [he] the investigator may direct a deputy or district medical [examiner] investigator to enter another district for the purpose of carrying out medical investigations.

          D. Any district created by the state medical investigator to be staffed by a district medical investigator shall be coextensive with one or more counties.

          E. The state medical investigator may enter into agreements for services to be performed by persons in the course of medical investigations.

          F. The state medical investigator shall, subject to the approval of the board of medical [investigations] investigators, promulgate rules [and regulations] for the proper investigation of deaths occurring within this state, including deaths occurring in New Mexico within the exterior boundaries of an Indian nation, tribe or pueblo. Services provided in New Mexico within the exterior boundaries of an Indian nation, tribe or pueblo are services provided on the same basis as services provided in any other part of New Mexico. No fee may be charged that would not be charged to a municipality or county in the state. Services provided on a federal military reservation in New Mexico may be provided for a fee not to exceed the cost of the service.

          G. The state medical investigator shall maintain records of the deaths occurring within this state [which] that are investigated by either state or district medical investigators.

          H. In addition to other duties prescribed in this section, the state medical investigator shall also serve as the district medical investigator for Bernalillo county.

          I. Funds for the operation of the state and district medical investigators' offices shall be appropriated to and administered by the university of New Mexico school of medicine.

          J. The state medical investigator shall develop and promulgate rules, subject to the approval of the board of medical investigators, to define:

                (1) the ordinary and usual services that are provided by the office of the state medical investigator and district medical investigators at no fee to the recipient jurisdiction, except as otherwise permitted in this section; and

                (2) the extraordinary services that are provided by the office of the state medical investigator and district medical investigators for which fees shall be assessed, not to exceed the cost of the service provided, and set forth a fee schedule for provision of those services.

          K. The office of the state medical investigator shall have no authority to assess fees except for the authority granted by this section. Fees charged to any entity in New Mexico without express authority provided in this section or pursuant to the rules approved by the board of medical investigators and promulgated by the state medical investigator are void." 

     Section 4. APPROPRIATION.--Three hundred seventy-five thousand dollars ($375,000) is appropriated from the general fund to the tribal forensic investigation fund for expenditure in fiscal year 2006 and subsequent fiscal years to fund the extraordinary costs of forensic investigations and other services provided by the office of the medical investigator or a district medical investigator on land located in New Mexico within the exterior boundaries of an Indian nation, tribe or pueblo. Any unexpended or unencumbered balance remaining at the end of a fiscal year shall not revert to the general fund.

     Section 5. EMERGENCY.--It is necessary for the public peace, health and safety that this act take effect immediately.

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