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AN ACT

RELATING TO DISABILITIES; MAKING TECHNICAL CHANGES TO

STATUTORY LANGUAGE TO REFLECT CURRENT USE OF TERMS ABOUT

PERSONS WITH DISABILITIES; CHANGING FUNDING LANGUAGE FOR THE

DISABILITY FUND; RECONCILING MULTIPLE AMENDMENTS TO THE SAME

SECTION OF LAW IN LAWS 1995.

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

Section 1. Section 3-1-5 NMSA 1978 (being Laws 1985,

Chapter 208, Section 2, as amended) is amended to read:

"3-1-5. PETITIONS--EXAMINATIONS OF SIGNATURES--

PURGING--JUDICIAL REVIEW.--

A. All petitions, filing of petitions,

verification of petitions and all other acts to be performed

by petitioners, public officers or employees, regarding only

those petitions that trigger a municipal special or regular

election as authorized in the Municipal Code or otherwise

authorized by law, shall comply with the terms of this

section, except as otherwise expressly provided by law.

B. Each page or group of pages of a petition shall

be accepted for filing by a municipal clerk, a county clerk,

a governing body or a board of county commissioners only if:

(1) the municipal clerk has approved the

form of petitions to be filed with the municipality prior to

circulation of the petition; or

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(2) the county clerk has approved the form

of petitions to be filed with the county prior to circulation

of the petition; and

(3) each page of the petition to be filed

contains the approval or facsimile approval of the municipal

or county clerk and the petition heading and penalty

statement are legible when submitted for filing.

C. The municipal or county clerk shall approve a

petition as to form if the proposed petition form contains:

(1) a heading that complies with a

particular form of heading required by law; or

(2) a heading that clearly conveys the

purpose for signing the petition if no particular form of

heading is required by law;

(3) a place for the person signing the

petition to write the date and the person's name (printed),

address and signature, unless other requirements are mandated

by law and then the petition shall comply with those

requirements; and

(4) a statement that any person knowingly

providing or causing to be provided any false information on

a petition, forging a signature or signing a petition when

that person knows that person is not a qualified elector in

the municipality is guilty of a fourth degree felony.

D. The requirements of Subsection B of this

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section shall be deemed complied with if an original form of

petition is submitted to a municipal or county clerk for

approval prior to circulation and after approval by the clerk

that original form is reproduced by photocopying or other

similar means so that the form and clerk's approval are

unchanged from the original and are legible on each page of

the petition to be filed.

E. A petition filed with a municipal clerk, a

county clerk, a governing body or a board of county

commissioners shall include all individual pages of a

petition complying with the provisions of this section,

regardless of whether the pages are filed singly or in a

group. Pages complying with the provisions of this section

may be filed at different times so long as filing is within

the time period allowed by law for the filing of the

particular petition to be filed. If no time period is

established by law, petition signatures may not span a period

of time greater than sixty days from the date of the earliest

signature on the petition, and the petition shall be filed

within sixty-five days from the date of the earliest

signature on the petition.

F. Upon approval of a proposed petition as to

form, the municipal clerk shall notify the county clerk of

the approval, and the county clerk shall furnish a current

voter registration list of qualified electors entitled to

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vote in municipal elections to the municipal clerk within

fourteen days of the notification.

G. When a petition is filed with a municipal

clerk, a county clerk, a governing body or a board of county

commissioners, the governing body or board of county

commissioners shall either certify the petition as valid or

order an examination of the petition and the names, addresses

and signatures on the petition.

H. When an examination of the petition and the

names, addresses and signatures on the petition is ordered,

the municipal clerk, county clerk, governing body or board of

county commissioners shall:

(1) resolve issues of residency and major

infractions in accordance with the rules set forth in the

Municipal Election Code;

(2) determine the minimum number of valid

names, addresses and signatures, as mandated by law, that

must be contained in the particular petition filed in order

for it to be declared a valid petition;

(3) examine the petition and the names,

addresses and signatures on the petition, purge from the

petition the signature of any person who is not shown as a

qualified elector of the municipality on the list of

registered voters provided by the county clerk, purge any

signature that is a forgery or that is illegible, purge any

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signature that appears more than once or that cannot be

matched to the name, address and signature as shown on the

voter registration lists and the original affidavit of

registration, purge the signature of any person who has not

signed within the time limits set by law and purge the

signature of any person who does not meet the qualifications

for signing the petition as prescribed by law; and

(4) certify, no later than ten days after

the petition is filed or after the expiration of the period

within which the petition can be filed as prescribed by law,

whichever occurs last, whether the petition contains the

minimum number of valid names, addresses and signatures as

mandated by law.

I. Nothing in this section shall preclude a person

with a disability or an illiterate person from causing

another person to sign a petition on a person with a

disability's or an illiterate person's behalf, so long as the

person signing for the person with a disability or illiterate

person executes an affidavit acknowledged before a notary

public that the person is authorized to sign the petition for

the person with a disability or illiterate person. In order

for the signature on behalf of the person with a disability

or illiterate person to be counted and not purged, the

original affidavit shall be submitted along with the petition

containing the signature on behalf of the illiterate person

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or person with a disability.

J. If the petition is certified as valid pursuant

to Subsection G of this section or is certified as containing

in excess of the minimum number of valid names, addresses and

signatures mandated by law, then such certification shall be

recorded as part of the minutes at the next meeting of the

governing body or the board of county commissioners.

K. If the petition is certified as containing less

than the minimum number of valid names, addresses and

signatures mandated by law, then the municipal clerk, county

clerk, governing body or board of county commissioners shall:

(1) cause the names, addresses and

signatures that were purged from the petition to be posted in

the municipal or county clerk's office no later than on the

day the petition is certified;

(2) determine the total number of people

signing the petition, the number purged, the number that were

not purged and the minimum number of valid names, addresses

and signatures required by law for such a petition and post

this information along with and at the same time as the

posting required in Paragraph (1) of this subsection;

(3) publish once, pursuant to the provisions

of Subsection J of Section 3-1-2 NMSA 1978, within one week

of the certification, the information compiled pursuant to

Paragraphs (1) and (2) of this subsection; and

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(4) cause the information compiled pursuant

to Paragraphs (1) and (2) of this subsection and the date and

place of publication pursuant to Paragraph (3) of this

subsection to be recorded as part of the minutes at the next

meeting of the governing body or the board of county

commissioners after publication has occurred.

L. The following rules shall govern reinstatement

of purged signatures:

(1) within ten days after the petition is

certified as containing less than the minimum number of valid

names, addresses and signatures mandated by law, any person

whose signature has been purged from a petition may present

evidence to the clerk to show that the person's signature has

been wrongfully purged;

(2) if the clerk fails to reinstate that

person's signature within three days of demand, then that

person may, within ten days of the clerk's refusal to

reinstate, petition the district court for an order to

reinstate the person's signature on the petition. Upon a

prima facie showing by the petitioner of the right to have

that person's signature included upon the petition, the

district court shall issue an order to the municipal clerk,

county clerk, governing body or board of county commissioners

to require reinstatement of the signature of the petitioner;

(3) within ten days after receiving the

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order of the district court, the municipal clerk, county

clerk, governing body or board of county commissioners shall

reinstate the signature of the petitioner on the petition or

show cause why the signature of the petitioner has not been

reinstated. Upon hearing, if the district court finds that

the person whose signature has been purged meets the

qualifications for signing the petition, the district court

shall make final its order of reinstatement to the municipal

clerk, county clerk, governing body or board of county

commissioners; and

(4) if a sufficient number of signatures are

reinstated by the clerk, the district court or both to make

the petition valid, then the reinstatement by the clerk or

the district court, whichever occurs last, shall be deemed

the date of certification of the validity of the petition for

the purposes of adopting election resolutions, calling

elections or for other matters as provided in the Municipal

Code or otherwise provided by law.

M. Any petition that contains an insufficient

number of signatures after all signatures have been

reinstated pursuant to Subsection L of this section is

invalid.

N. When a petition governed by this section is

filed with the municipal clerk or the governing body of a

municipality, the governing body or municipal clerk shall

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perform or cause to be performed the duties required under

this section, except as otherwise prohibited by law. When a

petition governed by this section is required to be filed

with the county clerk or board of county commissioners, the

board of county commissioners or county clerk shall perform

or cause to be performed the duties required under this

section, except as otherwise prohibited by law.

O. Any person or any municipal or county official

knowingly violating the provisions of this section, knowingly

providing or causing to be provided any false information on

a petition or forging a signature or otherwise signing a

petition when that person knows the person is not a qualified

elector in the municipality is guilty of a fourth degree

felony.

P. The provisions of this section shall not be

binding upon a municipality to the extent such provisions are

inconsistent with or superseded by the terms and provisions

of:

(1) the charter of a municipality

incorporated by a special act;

(2) the charter of a municipality adopted

pursuant to Article 10, Section 6 of the constitution of New

Mexico;

(3) the charter of a municipality adopted

pursuant to the Municipal Charter Act; or

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(4) the charter of a combined municipal

organization.

Q. Once a petition has been filed with a municipal

clerk, a county clerk, a governing body or a board of county

commissioners, no name on the petition may be withdrawn

except those names purged pursuant to Subsection H of this

section."

Section 2. Section 3-8-22 NMSA 1978 (being Laws 1985,

Chapter 208, Section 30, as amended) is amended to read:

"3-8-22. CONDUCT OF ELECTION--ELIGIBILITY FOR

ASSISTANCE--ORAL ASSISTANCE FOR LANGUAGE MINORITY VOTERS--AID

OR ASSISTANCE TO VOTER MARKING BALLOT--WHO MAY ASSIST

VOTER--TYPE OF ASSISTANCE.--

A. A voter may request assistance in voting only

if the voter is:

(1) visually impaired;

(2) a person with a physical disability;

(3) unable to read or write; or

(4) a member of a language minority who is

unable to read well enough to exercise the elective

franchise.

B. When a voter who is eligible for assistance

requires assistance in marking a paper ballot or recording a

vote on a voting machine, the voter shall announce this fact

in an audible tone before receiving the paper ballot or

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before entering the voting machine.

C. The voter's request for assistance shall be

noted next to the voter's name in the signature roster and

shall be initialed by the presiding judge.

D. After noting the voter's request for assistance

in the signature roster, the voter shall be allowed to

receive assistance in marking a paper ballot or recording a

vote on a voting machine.

E. A person who swears falsely in order to secure

assistance with voting is guilty of perjury.

F. If a voter who has requested assistance in

marking a ballot has a visual impairment or physical

disability, is unable to read or write or is a member of a

language minority who has requested assistance, the voter may

be accompanied into the voting machine by a person of the

voter's own choice; provided that the person shall not be the

voter's employer, an agent of that employer, an officer or

agent of the voter's union or a candidate whose name appears

on the ballot in the election. A member of the precinct

board may assist a voter, if requested to do so by that

voter.

G. A person who accompanies the voter into the

voting booth or voting machine may assist the voter in

marking and folding a paper ballot or recording a vote on the

voting machine. A member of the precinct board who assists a

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voter shall not disclose the name of any candidate or

questions for whom any voter voted.

H. Oral assistance shall be made available to

assist language minority voters who cannot read sufficiently

well to exercise the elective franchise. "Language minority"

means a person who is Native American or of Spanish heritage,

and "inability to read well enough to exercise the elective

franchise" means inability to read the languages in which the

ballot is printed or the inability to understand instructions

for operating the voting machine.

I. The position of election translator is created.

The election translator shall be an additional member of the

regular precinct board, unless oral assistance to language

minorities can otherwise be rendered by a member of the

regular precinct board. The election translator shall be

appointed by the municipal clerk in the same manner as other

precinct board members are appointed, except that the

municipal clerk in appointing Native American election

translators shall seek the advice of the pueblo or tribal

officials residing in that municipality. The election

translator shall take the oath required of precinct board

members and shall meet the same qualifications as other

precinct board members.

J. Each municipal clerk shall compile and maintain

a list of standby election translators to serve in those

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precincts on election day when the appointed election

translator is unavailable for such service."

Section 3. Section 3-21-1 NMSA 1978 (being Laws 1965,

Chapter 300, Section 14-20-1, as amended by Laws 1995,

Chapter 170, Section 4 and also by Laws 1995, Chapter 211,

Section 3) is amended to read:

"3-21-1. ZONING--AUTHORITY OF COUNTY OR MUNICIPALITY.--

A. For the purpose of promoting health, safety,

morals or the general welfare, a county or municipality is a

zoning authority and may regulate and restrict within its

jurisdiction the:

(1) height, number of stories and size of

buildings and other structures;

(2) percentage of a lot that may be

occupied;

(3) size of yards, courts and other open

space;

(4) density of population; and

(5) location and use of buildings,

structures and land for trade, industry, residence or other

purposes.

B. The county or municipal zoning authority may:

(1) divide the territory under its

jurisdiction into districts of such number, shape, area and

form as is necessary to carry out the purposes of Sections

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3-21-1 through 3-21-14 NMSA 1978; and

(2) regulate or restrict the erection,

construction, reconstruction, alteration, repair or use of

buildings, structures or land in each district. All such

regulations shall be uniform for each class or kind of

buildings within each district, but regulation in one

district may differ from regulation in another district.

C. All state-licensed or state-operated community

residences for persons with a mental or developmental

disability and serving ten or fewer persons may be considered

a residential use of property for purposes of zoning and may

be permitted use in all districts in which residential uses

are permitted generally, including particularly residential

zones for single-family dwellings.

D. A board of county commissioners of the county

in which the greatest amount of the territory of the

petitioning village, community, neighborhood or district lies

may declare by ordinance that a village, community,

neighborhood or district is a "traditional historic

community" upon petition by twenty-five percent or more of

the registered qualified electors of the territory within the

village, community, neighborhood or district requesting the

designation. The number of registered qualified electors

shall be based on county records as of the date of the last

general election.

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E. Any village, community, neighborhood or

district that is declared a traditional historic community

shall be excluded from the extraterritorial zone and

extraterritorial zoning authority of any municipality whose

extraterritorial zoning authority extends to include all or a

portion of the traditional historic community and shall be

subject to the zoning jurisdiction of the county in which the

greatest portion of the traditional historic community lies."

Section 4. Section 3-51-46 NMSA 1978 (being Laws 1973,

Chapter 22, Section 3, as amended) is amended to read:

"3-51-46. PASSENGER MOTOR VEHICLE OF A PERSON WITH A

DISABILITY--PARKING PRIVILEGE.--Passenger motor vehicles

owned by and carrying a person with a disability and

displaying special registration plates, or passenger motor

vehicles carrying persons with severe mobility impairment and

displaying parking placards, issued pursuant to Section 66-3-

16 NMSA 1978, shall be permitted to park for unlimited

periods of time in parking zones restricted as to length of

time parking is normally permitted and are exempt from

payment of any parking fee of the state or its political

subdivisions. The provisions of this section shall prevail

over any other law, rule or local ordinance but do not apply

to zones where stopping, standing or parking is prohibited,

zones reserved for special types of vehicles, zones where

parking is prohibited during certain hours of the day in

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order to facilitate traffic during those hours when parking

is prohibited and zones subject to similar regulation because

parking presents a traffic hazard."

Section 5. Section 3-60-26 NMSA 1978 (being Laws 1975,

Chapter 341, Section 26) is amended to read:

"3-60-26. POWERS OF MUNICIPALITY.--Every municipality

shall have all the powers necessary or convenient to carry

out and effectuate the purposes and provisions of the

Community Development Law, including but not necessarily

limited to the following powers:

A. to undertake and carry out community

development projects within its area of operation, including

clearance and redevelopment, rehabilitation, conservation and

development activities and programs; to make, enter into and

execute contracts and other agreements and instruments

necessary or convenient to the exercise of its powers under

the Community Development Law; and to disseminate slum

clearance, prevention of blight and community development

information;

B. to provide, arrange or contract for the

furnishing or repair by any public or private person or

agency for services, privileges, works, streets, roads,

public utilities, public buildings or other facilities for or

in connection with a community development project; to,

within its area of operation, install, acquire, construct,

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reconstruct, maintain and operate streets, utilities, parks,

playgrounds, public buildings, including but not limited to

parking facilities, transportation centers, public safety

buildings and other public improvements or facilities as may

be required by the municipality, the state or a political

subdivision of the state; and to agree to any conditions that

it may deem reasonable and appropriate that are attached to

federal financial assistance and imposed pursuant to federal

law, including conditions relating to the determination of

prevailing salaries or wages or compliance with federal and

state labor standards, compliance with federal property

acquisition policy and the provision of relocation assistance

in accordance with federal law, in the undertaking or

carrying out of a community development project; and to

include in any contract let in connection with the project

provisions to fulfill any of these conditions as it may deem

reasonable and appropriate; provided, however, that all

purchases of personal property shall be in accordance with

the Procurement Code;

C. within its area of operation, to inspect any

building or property in any community development area in

order to make surveys, appraisals, soundings or test borings

and to obtain an order for this purpose from a court of

competent jurisdiction in the event inspection is denied by

the property owner or occupant; to acquire by purchase,

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lease, option, gift, grant, bequest, devise, eminent domain

or otherwise any real property or personal property for its

administrative or project purposes, together with any

improvements thereon; to hold, improve, clear or prepare for

redevelopment any such property; to mortgage, pledge,

hypothecate or otherwise encumber or dispose of any real

property; to insure or provide for the insurance of any real

or personal property or operations of the municipality

against any risks or hazards, including the power to pay

premiums on any such insurance; and to enter into any

contracts necessary to effectuate the purposes of the

Community Development Law. However, no statutory provisions

with respect to the acquisition, clearance or disposition of

real property by public bodies shall restrict a municipality

or other public body exercising powers under the Community

Development Law in the exercise of its functions with respect

to a community development project unless the legislature

shall specifically so state;

D. to invest any community development project

funds held in reserve or sinking funds or other project funds

that are not required for immediate disbursement in property

or securities in which municipalities may legally invest

funds subject to their control; to redeem bonds as have been

issued pursuant to Section 3-60-30 NMSA 1978 at the

redemption price established in the bonds or to purchase the

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bonds at less than redemption price. All bonds so redeemed

or purchased shall be canceled;

E. to borrow money subject to those procedures and

limitations as may be provided in the constitution of New

Mexico or the Municipal Code and to apply for and accept

advances, loans, grants, contributions and any other form of

financial assistance from the federal government, the state,

the county or other public body or from any sources, public

or private, for the purposes of the Community Development

Law; and to give security as may be required and subject to

the provisions and limitations of general law except as may

otherwise be provided by the Community Development Law and to

enter into and carry out contracts in connection therewith.

A municipality may include in any contract for financial

assistance with the federal government for a community

development project conditions imposed pursuant to federal

law and that the municipality may deem reasonable or

appropriate and that are not inconsistent with the purposes

of the Community Development Law;

F. within its area of operation, to make all plans

necessary for the carrying out of the purposes of the

Community Development Law and to contract with any person,

public or private, in making and carrying out the plans and

to adopt or approve, modify and amend the plans. The plans

may include, without limitation:

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(1) a general plan for development of the

community as a whole;

(2) community development plans for specific

areas;

(3) plans for programs of voluntary or

assisted repair and rehabilitation of buildings and

improvements;

(4) plans for the enforcement of state and

local laws, codes and regulations relating to the use of land

and the use and occupancy of buildings and improvements and

to the compulsory repair, rehabilitation, demolition or

removal of buildings and improvements; and

(5) appraisals, title searches, surveys,

studies and other preliminary plans and work necessary to

prepare for the undertaking of community development

projects.

The municipality is authorized to develop, test and

report methods and techniques and carry out demonstrations

and other activities for the prevention and the elimination

of slums and urban blight and to pay for, accept and utilize

grants of funds from the federal government for such

purposes;

G. to prepare plans and provide reasonable

assistance for the relocation of families displaced from a

community development area to the extent essential for

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acquiring possession of and clearing the area or its parts to

permit the carrying out of the community development project;

H. to appropriate, under existing authority, the

funds and make expenditures necessary to carry out the

purposes of the Community Development Law and, under existing

authority, to levy taxes and assessments for such purposes;

to close, vacate, plan or replan streets, roads, sidewalks,

ways or other places; in accordance with applicable law or

ordinances, to plan or replan, zone or rezone any part of the

municipality or make exceptions from building regulations;

and to enter into agreements with a community development

agency vested with community development project powers under

Section 3-60-34 NMSA 1978, which agreements may extend over

any period, notwithstanding any provision or rule of law to

the contrary, respecting action to be taken by the

municipality pursuant to any of the powers granted by the

Community Development Law;

I. within its area of operation, to organize,

coordinate and direct the administration of the provisions of

the Community Development Law as they apply to the

municipality in order that the objective of remedying slum

and blighted areas and preventing the causes within the

municipality may be most effectively promoted and achieved;

and to establish any new office or offices of the

municipality or to reorganize existing offices as necessary;

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J. to acquire real property, in addition to power

elsewhere conferred in the Community Development Law, that is

appropriate for the preservation or restoration of historic

sites; the beautification of urban land; the conservation of

open spaces, natural resources and scenic areas; the

provision of recreational opportunities; or is to be used for

public purposes; and

K. to engage in any or all of the following

activities as part of a community development project:

(1) acquisition, construction,

reconstruction or installation of public works, facilities

and site or other improvements, including but not limited to

neighborhood facilities, senior citizen centers, historic

properties, utilities, streets, street lights, water and

sewer facilities, including connections for residential

users, foundations and platforms for air-rights sites,

pedestrian malls and walkways, parks, playgrounds and other

recreation facilities, flood and drainage facilities, parking

facilities, solid waste disposal facilities and fire

protection or health facilities that serve designated

community development areas;

(2) special projects directed to the removal

of material and architectural barriers that restrict the

mobility and accessibility of elderly persons and persons

with disabilities;

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(3) provision of public services in the

community development area that are not otherwise available

in the area, including but not limited to the provisions of

public services directed to the employment, economic

development, crime prevention, child care, health, drug

abuse, special education, welfare or recreation needs of the

people who reside in the community development area;

(4) payment of the nonfederal share of any

federal grant-in-aid program to the municipality that will be

a part of a community development project;

(5) payment of relocation costs and

assistance to individuals, families, businesses,

organizations and farm operations displaced as a direct

result of a community development project in accordance with

applicable law governing such payment; and

(6) payment of reasonable administrative

costs and carrying charges related to the planning and

execution of community development plans and projects.

Payments made by the municipality or community

development agency under the terms of a contract for

reconstruction or rehabilitation of private property shall be

made from a special fund created for that purpose and shall

not be paid directly to the property owner but shall instead

be paid to the contractor by the municipality or agency from

such fund upon proper authorization of the property owner and

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notification that the terms of the contract have been

fulfilled. However, all such rehabilitation contracts shall

be between the property owner and contractor after a sealed

bidding procedure and award of contract approved by the

municipality have taken place."

Section 6. Section 9-7-4.1 NMSA 1978 (being Laws 2004,

Chapter 51, Section 1) is amended to read:

"9-7-4.1. COMPREHENSIVE STRATEGIC PLAN FOR HEALTH.--

A. The department, in conjunction with the New

Mexico health policy commission and other state agencies,

pursuant to Section 9-7-11.1 NMSA 1978, shall develop a

comprehensive strategic plan for health that emphasizes

prevention, personal responsibility, access and quality.

B. The department shall publish the comprehensive

strategic plan for health by July 1, 2004 and July 1 of

subsequent even-numbered years. By July 1 of odd-numbered

years, the department shall review and update or amend the

plan in response to changes and developments.

C. The department shall include the legislature,

health care providers, consumer and patient advocates, health

care financing organizations, managed care organizations,

major insurers in the state, the human services department,

the children, youth and families department, the aging and

long-term services department, pharmaceutical manufacturers

and other stakeholders in its development of the

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comprehensive strategic plan for health so as to give

geographic representation to all areas of the state. The

department shall ensure that public participation and public

input are integrated into the planning process. The

department shall convene regional meetings on the proposed

plan to allow public review and comment, including oral and

written testimony, pursuant to the Open Meetings Act.

D. The department shall consult with the

governments of Indian nations, tribes and pueblos located

wholly or partially within New Mexico to include Indian

nations, tribes and pueblos in the development of the

comprehensive strategic plan for health.

E. The department shall report its findings,

recommendations and goals in its biennial comprehensive

strategic plan for health. The plan shall address the

following areas and others that the governor and the

legislature may from time to time request:

(1) a summary of the state's health care

system that includes the financial, administrative and

delivery structure in both the public and private sector;

(2) the diseases, injuries and risk factors

for physical, behavioral and oral health that are the

greatest cause of illness, injury or death in the state, with

special attention to and recognition of the disparities that

currently exist for different population groups;

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(3) key indicators of and barriers to health

care coverage and access, with specific emphasis on reducing

the number of uninsured New Mexicans;

(4) the role of the department, other state

agencies and the private sector in identifying strategies and

interventions to provide health care coverage, access and

quality;

(5) a continuum of care model that

emphasizes prevention, early intervention and health

promotion and that includes public health services, emergency

medical services, primary care, acute care, specialized care,

tertiary care and long-term care;

(6) health education, wellness, nutrition

and exercise initiatives that emphasize personal health

responsibility;

(7) workforce initiatives to identify,

recruit and retain health care professionals;

(8) health care facility infrastructure,

capacity, capitalization and financial viability in both the

public and private sector;

(9) licensing, credentialing, oversight and

tracking initiatives designed to improve health care quality

and outcome measurements;

(10) programs, services and activities

designed to address the needs of persons who have a

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disability, are elderly or have special needs;

(11) anticipated demands and challenges on

the health care system as the need for long-term care

services increases;

(12) data and information addressing key

health status and system indicators, statistics, benchmarks,

targets and goals for the state and comparing it nationally,

regionally and to other states of similar size and

demographics; provided that individually identifiable health

information and other proprietary information is protected as

required by state or federal law; and

(13) planning and response to public health

emergencies, including bioterrorism, pandemic flu, disease

outbreaks and other situations that will require a

coordinated response by the health care system."

Section 7. Section 9-8-13 NMSA 1978 (being Laws 1977,

Chapter 252, Section 15, as amended) is amended to read:

"9-8-13. AUTHORITY TO CONDUCT SOCIAL SERVICES.--

A. The social services division of the department

has authority to:

(1) establish, administer and supervise

child welfare activities and social services to children,

including but not limited to:

(a) children placed for adoption;

(b) homeless, dependent and neglected

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children;

institutions because of dependency or neglect; and

(d) children with a physical or mental

disability who may need such services;

(2) establish, administer and supervise

social services for adults;

(3) license foster homes; and

(4) prescribe such regulations as it deems

necessary to enforce and comply with this section and the

Child Placement Agency Licensing Act and inspect and require

reports from all private institutions, boarding homes,

shelter care homes, group homes, foster homes and other

facilities providing assistance, care or other direct

services to children or aged, blind, disabled or other

dependent persons.

B. Nothing contained in this section or in the

Human Services Department Act shall authorize the secretary:

(1) to establish or prescribe standards or

regulations for, or otherwise regulate programs for or

services to, children in group homes excepting only:

(a) the right to inspect and require

reports from group homes as may be reasonably necessary to

carry out any functions that may otherwise be specifically

granted the department by law; and

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(b) the right to require annual reports

from group homes stating the name, address and telephone

number of: 1) their principal offices; 2) their residential

facilities for the care of children; 3) the membership of

their boards of directors or other governing bodies if any;

and 4) the persons in charge of the group homes and of their

residential facilities; or

(2) to accept any delegation from or to

exercise, perform or participate in any functions or duties,

including any investigations or inspections, of the

department of health or of its secretary that relate to group

homes.

As used in this subsection, "group home" includes any

home the principal function of which is to care for a group

of children on a twenty-four-hour-a-day residential basis and

that receives no funds as such directly from or through the

department and that is a member of any state or national

association that requires it to observe standards comparable

to pertinent recognized state or national group home

standards for the care of children, such as the New Mexico

Christian child care association, the national association of

homes for children or the council on accreditation or that is

certified by any such organization as complying with such

standards."

Section 8. Section 21-2-6 NMSA 1978 (being Laws 1978,

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Chapter 54, Section 1, as amended) is amended to read:

"21-2-6. STATEWIDE PLANNING--PARTICIPATING AGENCIES AND

PERSONS.--

A. The state commission in carrying out its

planning activities for post-secondary education shall

consult with and invite the active participation of:

(1) representatives of post-secondary

educational institutions of the several types enumerated in

Paragraph (2) of Subsection A of Section 21-2-2 NMSA 1978;

(2) the public education commission;

(3) the public education department;

(4) representatives of public and private

elementary and secondary schools;

(5) the secretary of labor;

(6) the tourism department;

(7) the apprenticeship council;

(8) the economic development department;

(9) the state advisory council on vocational

education;

(10) the secretary of finance and

administration or the secretary's designee;

(11) persons familiar with the education

needs of persons with a disability and persons disadvantaged

by economic, racial or ethnic status;

(12) representatives of business, industry,

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organized labor and agriculture;

(13) the general public; and

(14) private in-state post-secondary

institutions.

B. Whenever the planning activities carried out

under the provisions of Section 21-2-5 NMSA 1978 are

concerned with the types of post-secondary education

enumerated in Subparagraphs (a) through (e) of Paragraph (1)

of Subsection A of Section 21-2-2 NMSA 1978, the state

commission shall directly involve the public education

commission and the public education department in all

planning activities."

Section 9. Section 21-6-2 NMSA 1978 (being Laws 1899,

Chapter 42, Section 3, as amended) is amended to read:

"21-6-2. PURPOSES--ADMISSION AGE--ADMISSION OF

NONRESIDENTS--TUITION--CHANGE OF NAME--EXPENDITURES FOR

GRADUATES IN COLLEGE--AUDIOLOGICAL CLINIC--SCHOLARSHIPS--

PRESIDENT'S POWERS.--

A. Except as otherwise provided in this section,

the New Mexico school for the deaf shall be devoted

exclusively to the care and instruction of persons of either

sex who are residents within the state and between the ages

of five years and the age of majority and who are deaf or

hard-of-hearing; provided that the board of regents, in its

discretion, may admit residents of this state who have

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attained the age of one year for daytime care and

instruction, but not for residential purposes, and may also

admit residents of this state who are over the age of

majority.

B. The board of regents may make expenditures for

undergraduate collegiate expenses of graduates of the New

Mexico school for the deaf. The board of regents may permit

the use of facilities of the school by public and private

agencies in the state in carrying on a conservation-of-hearing

program when the agencies participate in the cost of the

operation, upon such terms and conditions as the board of

regents may prescribe.

C. The board of regents may contract with the

veterans' administration and the vocational rehabilitation

division of the public education department to provide

instruction for adults with a disability in vocations or lip

reading taught at the school, but such adults may not be

housed at the school. The board of regents may lease for a

nominal sum for periods not to exceed three months to the

public schools, institutions and agencies of the state any

hearing test equipment owned by the school.

D. The board of regents, for the purpose of

creating a source of teachers of the deaf, may pay tuition

and other necessary expenses of graduates of New Mexico

colleges desiring to take training to teach the deaf in

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out-of-state training centers and intending to make the

teaching of the deaf in New Mexico their profession.

E. All instruction shall be free. Deaf or

hard-of-hearing children from other states or territories may

be received and educated in the school under such rules and

regulations as the board of regents may prescribe, but in no

event shall such children be admitted except upon the payment

or guaranty of at least one thousand dollars ($1,000) for the

school year, on the basis of nine months for a school year.

The president of the board of regents is authorized to make

and enter into on behalf of the school all necessary

agreements and contracts with the United States government

and the proper authorities of other states and territories

for the reception and education of such children, and the

president is further authorized to receive and receipt for

all money paid upon such account and to endorse and transfer

all checks, vouchers or other evidences of payment made or

received in behalf of the school."

Section 10. Section 21-21G-3 NMSA 1978 (being Laws

1988, Chapter 111, Section 3, as amended) is amended to read:

"21-21G-3. DEFINITIONS.--As used in the Graduate

Scholarship Act:

A. "academic year" means any consecutive period of

two semesters, three quarters or other comparable units

commencing with the fall term each year;

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B. "award recipient" means a student awarded a

graduate scholarship;

C. "department" means the higher education

department;

D. "eligible institution" means any

graduate-degree-granting state university accredited by the

north central association of colleges and secondary schools;

E. "graduate and professional field" means any

program of study intended to result in a master's or doctoral

degree, excluding the degree in medicine; and

F. "groups underrepresented in graduate education"

means women, minorities, persons with a visual impairment or

other physical disability and other groups who have

traditionally been underrepresented in the specific area of

graduate study or profession for which the scholarship is

awarded."

Section 11. Section 22-14-1 NMSA 1978 (being Laws 1967,

Chapter 16, Section 191) is amended to read:

"22-14-1. DEFINITIONS.--As used in Sections 22-14-2

through 22-14-16 NMSA 1978:

A. "vocational education" means vocational or

technical training or retraining conducted as part of a

program designed to enable an individual to engage in a

remunerative occupation. Vocational education may provide

but is not limited to guidance and counseling, vocational

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instruction, training for vocational education instructors,

transportation and training material and equipment;

B. "person with a disability" means a person with

a physical or mental disability that constitutes a

substantial handicap to employment but that is of such a

nature that vocational rehabilitation may be reasonably

expected to enable the person to engage in a remunerative

occupation;

C. "vocational rehabilitation" means services or

training necessary to enable a person with a disability to

engage in a remunerative occupation. Vocational

rehabilitation may provide but is not limited to medical or

vocational diagnosis, vocational guidance, counseling and

placement, rehabilitation training, physical restoration,

transportation, occupational licenses, customary occupational

tools or equipment, maintenance and training material and

equipment; and

D. "federal aid funds" means funds, gifts or

grants received by the state under any federal aid for

vocational education or vocational rehabilitation."

Section 12. Section 22-14-16 NMSA 1978 (being Laws

1967, Chapter 16, Section 204) is amended to read:

"22-14-16. ADMISSION TO STATE EDUCATIONAL

INSTITUTIONS--EXEMPTION FROM CERTAIN FEES.--Upon written

request of the department, all state educational institutions

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shall accept for admission, without any charge for any fees

except tuition charges, a person with a disability meeting

the standards of the institution."

Section 13. Section 24-1G-4 NMSA 1978 (being Laws 2005,

Chapter 55, Section 4) is amended to read:

"24-1G-4. TELEHEALTH COMMISSION CREATED--POWERS AND

DUTIES--MEMBERSHIP.--

A. The "New Mexico telehealth commission" is

created. The commission is administratively attached to the

department of health, which shall work in conjunction with

the New Mexico health policy commission, in accordance with

the Executive Reorganization Act.

B. The commission shall consist of no more than

twenty-five members with members, one-third of whom shall be

from rural areas, chosen from the following categories, all

of whom shall be appointed by and serve at the pleasure of

the governor:

(1) health care facilities;

(2) health care practitioners;

(3) health care workforce educators;

(4) telehealth technology experts;

(5) the telecommunications industry;

(6) the business community;

(7) health care insurance providers or other

health care payers;

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(8) Indian nations, tribes and pueblos;

(9) legislators;

(10) state agencies responsible for:

(a) telecommunications;

(b) public health;

(d) workforce development;

(e) children's health and social

services;

(f) services for the elderly and

persons with a disability;

(g) criminal justice;

(h) health policy and planning; and

(i) education; and

(11) other members as the governor may

appoint to ensure appropriate cultural and geographic

representation and the interests of the public.

C. The commission shall:

(1) identify how telehealth can be used to

increase access to care and implement state comprehensive

health plans;

(2) identify barriers to telehealth

utilization and expansion, including payment, infrastructure,

training and workforce availability;

(3) inventory the state's telehealth assets,

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map available telecommunications infrastructure and examine

the financial impact of failing to develop the state's

telehealth capacities;

(4) coordinate public and private sector

initiatives to enhance networking, portal development and

connectivity and to expand telehealth and telecommunications

capacity;

(5) establish such subcommittees as the

commission deems necessary to fulfill its purpose, powers and

duties or to address specific telehealth issues;

(6) identify specific actions to increase

collaborative efforts and public-private partnerships to

increase the use of telehealth for health care access

development, patient outcome improvement, patient and

workforce education and health care practitioner recruitment

and development;

(7) develop and disseminate specific

telehealth standards and guidelines to ensure quality of

care, positive health outcomes, appropriate use of technology

and protection of privacy and confidentiality;

(8) review and comment on initiatives,

projects or grant applications to ensure telehealth standards

and guidelines are met and maximum collaboration and

cooperation across the state is encouraged;

(9) meet at least once each quarter at the

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call of the chair or vice chair, who shall be designated by

the governor from among the membership; and

(10) report annually to the governor and the

legislature on the state of the telehealth system and the

adequacy and allocation of telehealth services throughout the

state, providing the governor and the legislature with

specific recommendations for improving telehealth and related

service systems.

D. A majority of the members of the commission

constitutes a quorum for the transaction of business."

Section 14. Section 24-2-1 NMSA 1978 (being Laws 1977,

Chapter 253, Section 40) is amended to read:

"24-2-1. AUTHORITY TO CONDUCT SERVICES FOR CHILDREN

WITH A DISABILITY.--The public health division of the

department of health has authority to establish, administer

and supervise activities to children who have a physical

disability or whose condition may become a disability. The

public health division also may supervise the administration

of those services to children with a disability that are not

administered directly by it."

Section 15. Section 24-9A-1 NMSA 1978 (being Laws 1979,

Chapter 132, Section 1, as amended) is amended to read:

"24-9A-1. DEFINITIONS.--As used in the Maternal, Fetal

and Infant Experimentation Act:

A. "viability" means that stage of fetal

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development when the unborn child is potentially able to live

outside the mother's womb, albeit with artificial aid;

B. "conception" means the fertilization of the

ovum of a human female by the sperm of a human male;

C. "health" means physical or mental health;

D. "clinical research" means any biomedical or

behavioral research involving human subjects, including the

unborn, conducted according to a formal procedure. The term

is to be construed liberally to embrace research concerning

all physiological processes in human beings and includes

research involving human in vitro fertilization, but shall

not include diagnostic testing, treatment, therapy or related

procedures conducted by formal protocols deemed necessary for

the care of the particular patient upon whom such activity is

performed and shall not include human in vitro fertilization

performed to treat infertility; provided that this procedure

shall include provisions to ensure that each living

fertilized ovum, zygote or embryo is implanted in a human

female recipient, and no physician may stipulate that a woman

must abort in the event the pregnancy should produce a child

with a disability. Provided that emergency medical

procedures necessary to preserve the life or health of the

mother or the fetus shall not be considered to be clinical

research;

E. "subject at risk", "subject" or "at risk" means

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any person who may be exposed to the likelihood of injury,

including physical or psychological injury, as a consequence

of participation as a subject in:

(1) any research, development or related

activity that departs from the application of those

established and accepted methods deemed necessary to meet the

person's needs;

(2) controlled research studies necessary to

establish accepted methods designed to meet the person's

needs; or

(3) research activity that poses a

significant risk to the subject;

F. "significant risk" means an activity that is

likely to cause disfigurement or loss or impairment of the

function of any member or organ;

G. "fetus" means the product of conception from

the time of conception until the expulsion or extraction of

the fetus or the opening of the uterine cavity, but shall not

include the placenta, extraembryonic membranes, umbilical

cord, extraembryonic fluids and their resident cell types and

cultured cells;

H. "live-born infant" means an offspring of a

person that exhibits heartbeat, spontaneous respiratory

activity, spontaneous movement of voluntary muscles or

pulsation of the umbilical cord if still attached to the

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infant ex utero; provided the Maternal, Fetal and Infant

Experimentation Act does not apply to a fetus or infant

absent the characteristics set forth in this subsection;

I. "infant" means an offspring of a human being

from the time it is born until the end of its first

chronological year;

J. "born" means the time the head or any other

part of the body of the fetus emerges from the vagina or the

time the uterine cavity is opened during a caesarean section

or hysterotomy; and

K. "in vitro fertilization" means any

fertilization of human ova that occurs outside the body of a

female, either through admixture of donor human sperm and ova

or by any other means."

Section 16. Section 27-1-2 NMSA 1978 (being Laws 1937,

Chapter 18, Section 3) is amended to read:

"27-1-2. POWERS OF HUMAN SERVICES DEPARTMENT.--

A. The human services department is an agency of

the state and shall at all times be under the exclusive

control of this state. The management and control of the

human services department is vested in the secretary of human

services.

B. Subject to the constitution of New Mexico, the

human services department has the power to:

(1) sue and, with the consent of the

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legislature, be sued;

(2) adopt and use a corporate seal;

(3) have succession in its corporate name;

(4) make contracts as authorized in Chapter

27 NMSA 1978 to carry out the purposes of that chapter;

(5) adopt, amend and repeal bylaws, rules

and regulations;

(6) purchase, lease and hold real and

personal property necessary or convenient for the carrying

out of its powers and duties, to exercise the right of

eminent domain to acquire such real property in the same

manner as the state now exercises that right and to dispose

of any property acquired in any manner;

(7) have such powers as may be necessary or

appropriate for the exercise of the powers specifically

conferred upon it in Chapter 27 NMSA 1978;

(8) receive and have custody for protection

and administration, disburse, dispose of and account for

funds, commodities, equipment, supplies and any kind of

property given, granted, loaned or advanced to the state for

public assistance, public welfare, social security or any

other similar purpose;

(9) enter into reciprocal agreements with

public welfare agencies of other states relative to the

provision for relief or assistance to transients and

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nonresidents;

(10) establish and administer programs of

old age assistance and aid to dependent children and persons

with a visual impairment;

(11) establish and administer a program of

services for children with a disability or who have a

condition that may lead to a disability, and to supervise the

administration of those services that are not administered

directly by it;

(12) establish, extend and strengthen public

welfare services for children; and

(13) establish and administer a program for

general relief."

Section 17. Section 27-1-3 NMSA 1978 (being Laws 1937,

Chapter 18, Section 4, as amended) is amended to read:

"27-1-3. ACTIVITIES OF HUMAN SERVICES DEPARTMENT.--The

department shall be charged with the administration of all

the welfare activities of the state as provided in Chapter 27

NMSA 1978, except as otherwise provided for by law. The

department shall, except as otherwise provided by law:

A. administer old age assistance, aid to dependent

children, assistance to persons with a visual impairment or

other physical disability and general relief;

B. administer all aid or services to children with

a disability, including the extension and improvement of

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services for children with such a disability, insofar as

practicable under conditions in this state, provide for

locating children who have a disability or a condition that

may become a disability, provide corrective and any other

services and care and facilities for diagnosis,

hospitalization and after-care for such children and

supervise the administration of those services that are not

administered directly by the department;

C. administer and supervise all child welfare

activities, service to children placed for adoption, service

and care of homeless, dependent and neglected children,

service and care for children in foster family homes or in

institutions because of dependency or delinquency and care

and service to a child who because of a physical or mental

disability may need such service;

D. formulate detailed plans, make rules and

regulations and take action deemed necessary or desirable to

carry out the provisions of Chapter 27 NMSA 1978 and that is

not inconsistent with the provisions of that chapter;

E. cooperate with the federal government in

matters of mutual concern pertaining to public welfare and

public assistance, including the adoption of such methods of

administration as are found by the federal government to be

necessary for the efficient operation of the plan for public

welfare and assistance;

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F. assist other departments, agencies and

institutions of local, state and federal governments when so

requested, cooperate with such agencies when expedient in

performing services in conformity with the purposes of

Chapter 27 NMSA 1978 and cooperate with medical, health,

nursing and welfare groups, any state agency charged with the

administration of laws providing for vocational

rehabilitation of persons with a physical disability and

organizations within the state;

G. act as the agent of the federal government in

welfare matters of mutual concern in conformity with the

provisions of Chapter 27 NMSA 1978 and in the administration

of any federal funds granted to this state, to aid in

furtherance of any such functions of the state government;

H. establish in counties or in districts, which

may include two or more counties, local units of

administration to serve as agents of the department;

I. at its discretion, establish local boards of

public welfare for such territory as it may see fit and by

rule and regulation prescribe the duties of the local board;

J. administer such other public welfare functions

as may be assumed by the state after June 19, 1987;

K. carry on research and compile statistics

relative to the entire public welfare program throughout the

state, including all phases of dependency, defectiveness,

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delinquency and related problems, and develop plans in

cooperation with other public and private agencies for the

prevention as well as treatment of conditions giving rise to

public welfare problems; and

L. inspect and require reports from all private

institutions, boarding homes and agencies providing

assistance, care or other direct services to persons who are

elderly, who have a visual impairment, who have a physical or

developmental disability or who are otherwise dependent.

Nothing contained in this section shall be construed to

authorize the department to establish or prescribe standards

or regulations for or otherwise regulate programs or services

to children in group homes as defined in Section 9-8-13 NMSA

1978."

Section 18. Section 27-2B-5 NMSA 1978 (being Laws 1998,

Chapter 8, Section 5 and Laws 1998, Chapter 9, Section 5, as

amended) is amended to read:

"27-2B-5. WORK REQUIREMENTS--WORK PARTICIPATION

RATES.--

A. The following qualify as work activities:

(1) unsubsidized employment, including

self-employment;

(2) subsidized private sector employment,

including self-employment;

(3) subsidized public sector employment;

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(4) work experience, including work

associated with the refurbishing of publicly assisted housing

if sufficient private sector employment is not available;

(5) on-the-job training;

(6) job search and job readiness assistance,

as long as the department complies with the federal act;

(7) community service programs;

(8) vocational education, except that

vocational education shall not qualify as a work activity for

longer than is provided by the federal act;

(9) job skills training activities directly

related to employment;

(10) education directly related to

employment for a participant who has not received a high

school diploma or a certificate of high school equivalency;

(11) satisfactory attendance at a secondary

school or course of study leading to a certificate of general

equivalency in the case of a participant who has not

completed secondary school or received such a certificate;

and

(12) the provision of child care services to

a participant who is participating in a community service

program.

B. The department shall recognize community

service programs and job training programs that are operated

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by an Indian nation, tribe or pueblo.

C. The department may not require a participant to

work more than four hours per week over the work requirement

rate set pursuant to the federal act.

D. The department shall require a parent,

caretaker or other adult who is a member of a benefit group

to engage in a work activity once the department determines

the person is ready to engage in a work activity or once the

person has received cash assistance or services for

twenty-four months or as otherwise required by the federal

act, whether or not consecutive, whichever is earlier.

E. The following qualify as temporary alternative

work activities that the department may establish for no

longer than twelve weeks except as otherwise provided:

(1) participating in parenting classes,

money management classes or life skills training;

(2) participating in a certified alcohol or

drug addiction program;

(3) in the case of a homeless benefit group,

finding a home;

(4) in the case of a participant who is a

victim of domestic violence residing in a domestic violence

shelter or receiving counseling or treatment or participating

in criminal justice activities directed at prosecuting the

domestic violence perpetrator, for no longer than twenty-four

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weeks; and

(5) in the case of a participant who does

not speak English, participating in a course in English as a

second language.

F. Subject to the availability of funds, the

department in cooperation with the labor department, Indian

affairs department and other appropriate state agencies may

develop projects to provide for the placement of participants

in work activities, including the following:

(1) participating in unpaid internships with

private and government entities;

(2) refurbishing publicly assisted housing;

(3) volunteering at a head start program or

a school;

(4) weatherizing low-income housing; and

(5) restoring public sites and buildings,

including monuments, parks, fire stations, police buildings,

jails, libraries, museums, auditoriums, convention halls,

hospitals, buildings for administrative offices and city

halls.

G. If a participant is engaged in full-time

post-secondary education studies or an activity set out in

Paragraphs (9) through (11) of Subsection A of this section,

the participant shall engage in another work activity at the

same time. Additionally, for two-parent families that

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receive federally funded child-care assistance, the

participant's spouse shall engage in a work activity set out

in Paragraphs (1) through (5) and (7) of Subsection A of this

section unless the participant suffers from a temporary or

complete disability that bars the participant from engaging

in a work activity or the participant is barred from engaging

in a work activity because the participant provides sole care

for a person with a disability.

H. A participant engaged in post-secondary

education studies shall make reasonable efforts to obtain a

loan, scholarship, grant or other assistance to pay for costs

and tuition and the department shall disregard those amounts

in the eligibility determination.

I. For as long as the described conditions exist,

the following are exempt from the work requirement:

(1) a participant barred from engaging in a

work activity because the participant has a temporary or

permanent disability;

(2) a participant over age sixty;

(3) a participant barred from engaging in a

work activity because the participant provides the sole care

for a person with a disability;

(4) a single custodial parent caring for a

child less than twelve months old for a lifetime total of

twelve months;

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(5) a single custodial parent caring for a

child under six years of age if the parent is unable to

obtain child care for one or more of the following reasons:

(a) unavailability of appropriate child

care within a reasonable distance from the parent's home or

work as defined by the children, youth and families

department;

(b) unavailability or unsuitability of

informal child care by a relative under other arrangements as

defined by the children, youth and families department; or

affordable formal child-care arrangements as defined by the

children, youth and families department;

(6) a pregnant woman during her last

trimester of pregnancy;

(7) a participant prevented from working by

a temporary emergency or a situation that precludes work

participation for thirty days or less;

(8) a participant who demonstrates by

reliable medical, psychological or mental reports, court

orders or police reports that family violence or threat of

family violence effectively bars the participant from

employment; and

(9) a participant who demonstrates good

cause of the need for the exemption."

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Section 19. Section 27-2B-6 NMSA 1978 (being Laws 1998,

Chapter 8, Section 6 and Laws 1998, Chapter 9, Section 6, as

amended by Laws 2003, Chapter 311, Section 3 and Laws 2003,

Chapter 432, Section 3) is amended to read:

"27-2B-6. DURATIONAL LIMITS.--

A. Pursuant to the federal act, on or after

July 1, 1997 a participant may receive federally funded cash

assistance and services for up to sixty months.

B. During a participant's fourth, sixth and eighth

semiannual reviews, the department shall examine the

participant's progress to determine if the participant has

successfully completed an educational or training program or

increased the number of hours the participant is working as

required by the federal act. The department may refer the

participant to alternative work activities or provide

additional services to address possible barriers to

employment facing the participant.

C. Up to twenty percent of the population of

participants may be exempted from the sixty-month durational

limit set out in Subsection A of this section because of

hardship or because those participants are battered or

subject to extreme cruelty.

D. For the purposes of this section, a participant

has been battered or subjected to extreme cruelty if the

participant can demonstrate by reliable medical,

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psychological or mental reports, court orders or police

reports that the participant has been subjected to and

currently is affected by:

(1) physical acts that result in physical

injury;

(2) sexual abuse;

(3) being forced to engage in nonconsensual

sexual acts or activities;

(4) threats or attempts at physical or

sexual abuse;

(5) mental abuse; or

(6) neglect or deprivation of medical care

except when the deprivation is based by mutual consent on

religious grounds.

E. For the purposes of this section, a hardship

exception applies to a person who demonstrates through

reliable medical, psychological or mental reports, social

security administration records, court orders, police reports

or department records that the person is a person:

(1) who is barred from engaging in a work

activity because the person has a temporary or permanent

disability;

(2) who is the sole provider of home care to

a family member who is ill or has a disability;

(3) whose ability to be gainfully employed

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is affected by domestic violence;

(4) whose application for supplemental

security income is pending in the application or appeals

process and who:

(a) meets the criteria of Paragraph (1)

of this subsection; or

(b) was granted a waiver from the work

requirement pursuant to Paragraph (1) of Subsection I of

Section 27-2B-5 NMSA 1978 in the last twenty-four months; or

(5) who otherwise qualifies for a hardship

exception as defined by the department.

F. Pursuant to the federal act, the department

shall not count a month of receipt of cash assistance or

services toward the sixty-month durational limit if during

the time of receipt the participant:

(1) was a minor and was not the head of a

household or married to the head of a household; or

(2) lived in Indian country, as defined in

the federal act, if the most reliable data available with

respect to the month indicate that at least fifty percent of

the adults living in Indian country or in the village were

not employed."

Section 20. Section 27-4-2 NMSA 1978 (being Laws 1973,

Chapter 311, Section 2, as amended) is amended to read:

"27-4-2. DEFINITIONS.--As used in the Special Medical

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Needs Act:

A. "department" or "division" means the income

support division of the human services department;

B. "board" means the division;

C. "aged person" means a person who has attained

the age of sixty-five years and does not have a spouse

financially able, according to regulations of the division,

to furnish support;

D. " person with a disability" means a person who

has attained the age of eighteen years and is determined to

have a permanent and total disability, according to

regulations of the division; and

E. "blind person" means a person who is determined

to be blind according to regulations of the division."

Section 21. Section 27-4-3 NMSA 1978 (being Laws 1973,

Chapter 311, Section 3) is amended to read:

"27-4-3. PERSONS WITH SPECIAL NEEDS.--

A. The division shall by regulation establish a

program to provide essential medical care for persons who are

elderly or blind or who have a disability and who are not

eligible for public assistance under the Public Assistance

Act and who have a serious medical condition that will as a

reasonable medical probability lead to death in the near

future.

B. Such medical condition shall be certified by an

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individual licensed under state law to practice medicine or

osteopathy. The medical care shall be reviewed and approved

according to regulations of the division."

Section 22. Section 27-9-1 NMSA 1978 (being Laws 1983,

Chapter 323, Section 1) is amended to read:

"27-9-1. PROGRAM--DEMONSTRATIONS.--The human services

department, in cooperation with the department of health, is

authorized to administer demonstration programs that provide

in-home and coordinated community care services to the frail

elderly and to persons with a disability who would otherwise

require institutionalization. The programs authorized by

this section shall serve both those eligible and not eligible

for federal medical assistance programs."

Section 23. Section 27-13-7 NMSA 1978 (being Laws 2003,

Chapter 207, Section 1) is amended to read:

"27-13-7. FISCAL INTERMEDIARY--EXEMPTIONS--WORKERS'

COMPENSATION.--

A. A fiscal intermediary shall not be subject to

vicarious liability as an employer or principal for a

wrongful act committed by a personal care attendant if the

attendant:

(1) is not a current or former employee of

the fiscal intermediary;

(2) has not received training or instruction

from the fiscal intermediary with respect to providing

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personal care services to a person with a disability, not

including administrative paper work;

(3) has been hired by and received training

or instruction from the consumer or the consumer's authorized

representative to provide personal care to the consumer; and

(4) provides basic assistance with daily

living activities that do not require the education,

certification or training of a licensed health care

practitioner.

B. A fiscal intermediary may identify a personal

care attendant as a covered employee with the fiscal

intermediary's workers' compensation carrier solely to

provide workers' compensation coverage in the event of a

work-related injury. Nothing in this subsection shall be

construed to create an employer-employee relationship between

the fiscal intermediary and the personal care attendant.

C. Nothing in this section shall be construed to

provide the fiscal intermediary with immunity from a claim

for a wrongful act committed by the fiscal intermediary or

its employees.

D. As used in this section:

(1) "consumer" means a person who is

eligible for and receives state-funded or -operated services

based on the person's disabilities;

(2) "fiscal intermediary" means a provider

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that furnishes administrative assistance for a consumer who

selects a consumer-directed, rather than consumer-delegated,

personal care program;

(3) "personal care attendant" means a person

who provides assistance to a consumer with activities of

daily living, including bathing, dressing, eating,

transportation, shopping and similar activities; and

(4) "personal care program" means a

state-funded or -operated support program, including

medicaid, that provides the services of a personal care

attendant for certain persons with a disability."

Section 24. Section 28-7-2 NMSA 1978 (being Laws 1967,

Chapter 232, Section 2) is amended to read:

"28-7-2. POLICY.--It is the policy of this state to

encourage and enable persons who are blind, visually impaired

or who have another physical disability to participate fully

in the social and economic life of the state and to engage in

remunerative employment."

Section 25. Section 28-7-3 NMSA 1978 (being Laws 1967,

Chapter 232, Section 3, as amended) is amended to read:

"28-7-3. EQUAL RIGHT TO USE PUBLIC FACILITIES.--

A. Persons who are blind, visually impaired or who

have another physical disability have the same right as

others to the full and free use of the streets, highways,

sidewalks, walkways, public buildings, public facilities and

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other public places.

B. Persons who are blind, visually impaired or who

have another physical disability are entitled to full and

equal accommodations, advantages, facilities and privileges

of all common carriers, airplanes, motor vehicles, railroad

trains, motor buses, streetcars, boats or any other public

conveyances or modes of transportation, hotels, lodging

places, places of public accommodation, amusement or resort

and any other places to which the general public is invited,

subject only to the conditions and limitations established by

law and applicable alike to all persons.

C. Every totally or partially blind person shall

have the right to be accompanied by a guide dog, specially

trained for the purpose, in any of the places listed in this

section without being required to pay an extra charge for the

guide dog; provided that the person shall be liable for any

damage done to the property or facilities by the dog.

D. The attorney general, district attorney or any

person with a disability may file an action in the judicial

district when a building has been built or altered and the

work has not been accomplished in accordance with the current

uniform building code, other applicable publications and

established handicapped standards. The building official

shall notify those applying for a permit that they shall

comply with established standards. Any interested person may

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appeal the granting or denial of a waiver to the district

court where the building is located. If the court finds that

the building owner was required to comply with handicap

access standards of the uniform building code and has failed

to comply with such standards within a reasonable period of

time, then the party filing action shall recover the court

costs, attorney fees and appropriate injunctive relief to

remedy the violation."

Section 26. Section 28-7-5 NMSA 1978 (being Laws 1967,

Chapter 232, Section 5) is amended to read:

"28-7-5. INTERFERENCE WITH RIGHTS OF BLIND--PENALTY.--

A person, firm or corporation or the agent of a person, firm

or corporation who denies or interferes with admittance to or

enjoyment of the public facilities enumerated in Section

28-7-3 NMSA 1978 or otherwise interferes with the rights of a

blind or visually impaired person or a person who has a

physical disability enumerated in the White Cane Law is

guilty of a misdemeanor."

Section 27. Section 28-7-6 NMSA 1978 (being Laws 1967,

Chapter 232, Section 6) is amended to read:

"28-7-6. ANNUAL PROCLAMATION OF WHITE CANE SAFETY DAY

BY GOVERNOR.--Each year, the governor shall take suitable

public notice of October 15 as white cane safety day. The

governor shall issue a proclamation in which the governor:

A. comments upon the significance of the white

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cane;

B. calls upon the citizens of the state to observe

the provisions of the White Cane Law and to take precautions

necessary to the safety of persons with a disability;

C. reminds the citizens of the state of the

policies with respect to persons with a disability declared

in the White Cane Law and urges the citizens to cooperate in

giving effect to them; and

D. emphasizes the need of the citizens to be aware

of the presence of persons with a disability in the community

and to keep streets, highways, sidewalks, walkways, public

buildings, public facilities, other public places, places of

public accommodation, amusement and resort and other places

to which the public is invited safe and functional and to

offer assistance to persons with a disability upon

appropriate occasions."

Section 28. Section 28-7-7 NMSA 1978 (being Laws 1967,

Chapter 232, Section 7) is amended to read:

"28-7-7. POLICY OF STATE ON EMPLOYMENT OF PERSONS WITH

A DISABILITY.--It is the policy of this state that a person

who is blind, visually impaired or who has another physical

disability shall be employed in the state service, the

service of the political subdivisions of the state, the

public schools and all other employment supported in whole or

in part by public funds on the same terms and conditions as

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others, unless it is shown that the particular disability

prevents the performance of the work involved."

Section 29. Section 28-10-3.1 NMSA 1978 (being Laws

1995, Chapter 95, Section 1, as amended) is amended to read:

"28-10-3.1. FULL-SERVICE GASOLINE STATIONS--DECAL

DISPLAY--SERVICE TO PERSON WITH A DISABILITY.--

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 driver with a disability 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 driver with a disability at a

self-service island.

D. A gasoline station owner or operator who

displays a decal signifying that the station will provide

additional services to drivers with a disability at a

self-service island and who fails to provide that service

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shall be subject to revocation of the decal for display

according to this section."

Section 30. Section 28-10-5 NMSA 1978 (being Laws 1973,

Chapter 349, Section 5, as amended) is amended to read:

"28-10-5. DISABILITY FUND CREATED.--

A. There is created in the state treasury a

"disability fund". 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 the fund

and shall be appropriated 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 disability fund from

the housing modification for persons with a disability

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 disability fund shall not revert

but shall be used only as provided in Sections 28-10-1

through 28-10-8.1 NMSA 1978."

Section 31. Section 28-10-5.1 NMSA 1978 (being Laws

2001, Chapter 226, Section 1) is amended to read:

"28-10-5.1. HOUSING MODIFICATION FOR PERSONS WITH A

DISABILITY PERMANENT FUND--INVESTMENT--DISTRIBUTION.--

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A. The "housing modification for persons with a

disability permanent fund" is created in the state treasury.

The fund shall consist of money appropriated to the fund and

any gifts, donations or bequests made to the fund. Money in

the fund shall be invested by the state investment officer as

land grant permanent funds are invested pursuant to Chapter

6, Article 8 NMSA 1978, and earnings from investment of the

fund shall be credited to the fund. Money in the fund shall

not revert at the end of any fiscal year and shall not be

expended for any purpose, except that an annual distribution

shall be made to the fund for persons with a disability in

accordance with Subsection B of this section.

B. On July 1 of fiscal year 2002 and on July 1 of

each fiscal year thereafter, an annual distribution shall be

made from the housing modification for persons with a

disability permanent fund to the disability fund in an amount

equal to three hundred thousand dollars ($300,000) until that

amount is less than an amount equal to five percent of the

average of the year-end market values of the housing

modification for persons with a disability permanent fund for

the immediately preceding five calendar years. Thereafter,

the amount of the annual distribution shall be five percent

of the average of the year-end market values of the housing

modification for persons with a disability permanent fund for

the immediately preceding five calendar years."

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Section 32. Section 28-10-9 NMSA 1978 (being Laws 1969,

Chapter 129, Section 1) is amended to read:

"28-10-9. SHORT TITLE.--Sections 28-10-9 through

28-10-12 NMSA 1978 may be cited as the "Disability Employment

Act"."

Section 33. Section 28-10-10 NMSA 1978 (being Laws

1969, Chapter 129, Section 2) is amended to read:

"28-10-10. DEFINITION.--As used in the Disability

Employment Act, "persons with a disability" includes persons

with a mental or physical disability."

Section 34. Section 28-10-11 NMSA 1978 (being Laws

1969, Chapter 129, Section 3) is amended to read:

"28-10-11. STATE POLICY.--In order to further the

efforts of New Mexico in alleviating the problems of persons

with a disability, full consideration shall be given to the

employment of such persons in state government in positions

in which they meet the necessary performance requirements or

in positions in which performance requirements can be

modified to take advantage of their abilities without

detriment to the state service."

Section 35. Section 28-10-12 NMSA 1978 (being Laws

1969, Chapter 129, Section 4) is amended to read:

"28-10-12. PERSONNEL BOARD--RULES.--The personnel board

shall establish rules and procedures consistent with the

state policy of employment of persons with a disability. The

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rules and procedures shall be adopted after consultation with

appropriate vocational rehabilitation agencies, state

institutions, interested private associations and

organizations and interested individuals. Any rules or

procedures adopted by the personnel board shall provide that:

A. certification in an appropriate form shall be

required from an appropriate agency to the effect that:

(1) the person with a disability has the

ability to perform the duties of the position sought;

(2) the person with a disability is

physically qualified to do the work without hazard to that

person or to others; and

(3) the person with a disability is socially

competent in a work environment and, either independently or

with continuing help as has been provided, in

after-working-hours living;

B. there are suitable periods of probation or

trial employment for persons with a disability before the

employment becomes permanent under the provisions of the

Personnel Act; and

C. the processes set forth in this section for

establishing the eligibility of persons with a disability are

construed to meet the requirements of competitive entrance

examinations under the provisions of the Personnel Act."

Section 36. Section 30-16-12 NMSA 1978 (being Laws

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1963, Chapter 303, Section 16-12) is amended to read:

"30-16-12. FALSELY REPRESENTING ONESELF AS

INCAPACITATED.--Falsely representing oneself as disabled

consists of a person falsely representing the person's own

self to be blind, visually impaired, deaf or having a

physical disability for the purpose of obtaining money or

other thing of value.

Whoever commits falsely representing oneself as disabled

is guilty of a petty misdemeanor."

Section 37. Section 31-18B-2 NMSA 1978 (being Laws

2003, Chapter 384, Section 2) is amended to read:

"31-18B-2. DEFINITIONS.--As used in the Hate Crimes

Act:

A. "age" means sixty years of age or older;

B. "gender identity" means a person's

self-perception, or perception of that person by another, of

the person's identity as a male or female based upon the

person's appearance, behavior or physical characteristics

that are in accord or opposed to the person's physical

anatomy, chromosomal sex or sex at birth;

C. "disability" means that the person has a

physical or mental disability that substantially limits one

or more of that person's functions, such as caring for

oneself, performing manual tasks, walking, seeing, hearing,

speaking, breathing, learning and working;

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D. "motivated by hate" means the commission of a

crime with the intent to commit the crime because of the

actual or perceived race, religion, color, national origin,

ancestry, age, handicapped status, gender, sexual orientation

or gender identity of the victim, whether or not the

offender's belief or perception was correct; and

E. "sexual orientation" means heterosexuality,

homosexuality or bisexuality, whether actual or perceived."

Section 38. Section 31-18B-3 NMSA 1978 (being Laws

2003, Chapter 384, Section 3) is amended to read:

"31-18B-3. HATE CRIMES--NONCAPITAL FELONIES,

MISDEMEANORS OR PETTY MISDEMEANORS COMMITTED BECAUSE OF THE

VICTIM'S ACTUAL OR PERCEIVED RACE, RELIGION, COLOR, NATIONAL

ORIGIN, ANCESTRY, AGE, DISABILITY, GENDER, SEXUAL ORIENTATION

OR GENDER IDENTITY--ALTERATION OF BASIC SENTENCE.--

A. When a separate finding of fact by the court

or jury shows beyond a reasonable doubt that an offender

committed a noncapital felony motivated by hate, the basic

sentence of imprisonment prescribed for the offense in

Section 31-18-15 NMSA 1978 may be increased by one year. An

increase in the basic sentence of imprisonment pursuant to

the provisions of this subsection shall be in addition to an

increase in a basic sentence prescribed for the offense in

Section 31-18-17 NMSA 1978. A sentence imposed pursuant to

the provisions of this subsection may include an alternative

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sentence that requires community service, treatment,

education or any combination thereof. The court may suspend

or defer any or all of the sentence or grant a conditional

discharge, unless otherwise provided by law.

B. If a finding was entered in a previous case

that the offender was convicted for committing a crime that

was motivated by hate, and if a separate finding of fact by

the court or jury shows beyond a reasonable doubt that in the

instant case the offender committed a noncapital felony that

was motivated by hate, the basic sentence of imprisonment

prescribed for the offense in Section 31-18-15 NMSA 1978 may

be increased by two years. An increase in the basic sentence

of imprisonment pursuant to the provisions of this subsection

shall be in addition to an increase in a basic sentence

prescribed for the offense in Section 31-18-17 NMSA 1978. A

sentence imposed pursuant to the provisions of this

subsection may include an alternative sentence that requires

community service, treatment, education or any combination

thereof. The court may suspend or defer any or all of the

sentence, or grant a conditional discharge unless otherwise

provided by law.

C. If the case is tried before a jury and if a

prima facie case has been established showing that in the

commission of the offense the offender was motivated by hate,

the court shall submit the issue to the jury by special

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interrogatory. If the case is tried by the court and if a

prima facie case has been established showing that in the

commission of the offense the offender was motivated by hate,

the court shall decide the issue and shall make a separate

finding of fact regarding the issue. If the court or jury

determines that the offender is guilty of the crime and finds

beyond a reasonable doubt that the offender was motivated by

hate, the court shall include that determination in the

judgment and sentence.

D. When a petty misdemeanor or a misdemeanor is

motivated by hate, the basic sentence of imprisonment

prescribed for the offense in Section 31-19-1 NMSA 1978 may

include an alternative sentence that requires community

service, treatment, education or any combination thereof.

The court may suspend or defer any or all of the sentence or

grant a conditional discharge, unless otherwise provided by

law."

Section 39. Section 32A-5-44 NMSA 1978 (being Laws

1993, Chapter 77, Section 171) is amended to read:

"32A-5-44. ELIGIBILITY FOR SUBSIDIZED ADOPTIONS.--

A. The social services division of the human

services department may make payments to adoptive parents or

to medical vendors on behalf of a child placed for adoption

by the division or by an agency when the division determines

that:

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(1) the child is difficult to place; and

(2) the adoptive family is capable of

providing the permanent family relationship needed by the

child in all respects, except that the needs of the child are

beyond the economic resources and ability of the family.

B. As used in Sections 32A-5-43 through 32A-5-45

NMSA 1978, a "difficult to place child" means a child who has

a mental, physical or emotional disability or who is in

special circumstances by virtue of age, sibling relationship

or racial background."

Section 40. Section 32A-6-2 NMSA 1978 (being Laws

1995, Chapter 207, Section 2, as amended) is amended to read:

"32A-6-2. DEFINITIONS.--As used in the Children's

Mental Health and Developmental Disabilities Act:

A. "aversive stimuli" means anything that,

because it is believed to be unreasonably unpleasant,

uncomfortable or distasteful to the child, is administered or

done to the child for the purpose of reducing the frequency

of a behavior, but does not include verbal therapies,

physical restrictions to prevent imminent harm to self or

others or psychotropic medications that are not used for

purposes of punishment;

B. "clinician" means a physician, licensed

psychologist, licensed independent social worker or licensed

professional clinical counselor;

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C. "consistent with the least drastic means

principle" means that the habilitation or treatment and the

conditions of habilitation or treatment for the child,

separately and in combination:

(1) are no more harsh, hazardous or

intrusive than necessary to achieve acceptable treatment

objectives for the child;

(2) involve no restrictions on physical

movement and no requirement for residential care, except as

reasonably necessary for the administration of treatment or

for the protection of the child or others from physical

injury; and

(3) are conducted at the suitable available

facility closest to the child's place of residence;

D. "convulsive treatment" means any form of

mental health treatment that depends upon creation of a

convulsion by any means, including electroconvulsive

treatment and insulin coma treatment;

E. "developmental disability" means a severe

chronic disability that:

(1) is attributable to a mental or physical

impairment or a combination of mental or physical

impairments;

(2) is manifested before a person reaches

twenty-two years of age;

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(3) is expected to continue indefinitely;

(4) results in substantial functional

limitations in three or more of the following areas of major

life activities:

(a) self-care;

(b) receptive and expressive language;

(d) mobility;

(e) self-direction;

(f) capacity for independent living; or

(g) economic self-sufficiency; and

(5) reflects a person's need for a

combination and sequence of special, interdisciplinary or

generic treatments or other supports and services that are of

lifelong or extended duration and that are individually

planned or coordinated;

F. "evaluation facility" means a community mental

health or developmental disability program, a medical

facility having psychiatric or developmental disability

services available or, if none of the foregoing is reasonably

available or appropriate, the office of a licensed physician

or a licensed psychologist, any of which shall be capable of

performing a mental status examination adequate to determine

the need for involuntary treatment;

G. "experimental treatment" means any mental

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health or developmental disabilities treatment that presents

significant risk of physical harm, but does not include

accepted treatment used in the competent practice of medicine

and psychology and supported by scientifically acceptable

studies;

H. "grave passive neglect" means failure to

provide for basic personal or medical needs or for one's own

safety to such an extent that it is more likely than not that

serious bodily harm will result in the near future;

I. "habilitation" means the process by which

professional persons and their staff assist a child with a

developmental disability in acquiring and maintaining those

skills and behaviors that enable the child to cope more

effectively with the demands of the child's own person and of

the child's environment and to raise the level of the child's

physical, mental and social efficiency. "Habilitation"

includes programs of formal, structured education and

treatment;

J. "likelihood of serious harm to oneself" means

that it is more likely than not that in the near future the

child will attempt to commit suicide or will cause serious

bodily harm to the child's self by violent or other

self-destructive means, including grave passive neglect;

K. "likelihood of serious harm to others" means

that it is more likely than not that in the near future the

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child will inflict serious, unjustified bodily harm on

another person or commit a criminal sexual offense, as

evidenced by behavior causing, attempting or threatening such

harm, which behavior gives rise to a reasonable fear of such

harm from the child;

L. "mental disorder" means a substantial disorder

of the child's emotional processes, thought or cognition that

grossly impairs judgment, behavior or capacity to recognize

reality, but does not mean developmental disability;

M. "mental health or developmental disabilities

professional" means a physician or other professional who, by

training or experience, is qualified to work with persons who

have a mental disorder or a developmental disability;

N. "physician" or "licensed psychologist", when

used for the purpose of hospital admittance or discharge,

means a physician or licensed psychologist who has been

granted admitting privileges at a hospital licensed by the

department of health, if such privileges are required;

O. "psychosurgery" means those operations

currently referred to as lobotomy, psychiatric surgery and

behavioral surgery and all other forms of brain surgery if

the surgery is performed for the following purposes:

(1) modification or control of thoughts,

feelings, actions or behavior rather than the treatment of a

known and diagnosed physical disease of the brain;

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(2) treatment of abnormal brain function or

normal brain tissue in order to control thoughts, feelings,

actions or behavior; or

(3) treatment of abnormal brain function or

abnormal brain tissue in order to modify thoughts, feelings,

actions or behavior when the abnormality is not an

established cause for those thoughts, feelings, actions or

behavior.

"Psychosurgery" does not include prefrontal sonic

treatment in which there is no destruction of brain tissue;

P. "residential treatment or habilitation

program" means diagnosis, evaluation, care, treatment or

habilitation rendered inside or on the premises of a mental

health or developmental disabilities facility, hospital,

clinic, institution, supervisory residence or nursing home

when the individual resides on the premises and where one or

more of the following measures is available for use:

(1) a mechanical device to restrain or

restrict the child's movement;

(2) a secure seclusion area from which the

child is unable to exit voluntarily;

(3) a facility or program designed for the

purpose of restricting the child's ability to exit

voluntarily; or

(4) the involuntary emergency administration

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of psychotropic medication; and

Q. "treatment" means any effort to accomplish a

significant change in the mental or emotional condition or

behavior of the child."

Section 41. Section 32A-16-4 NMSA 1978 (being Laws

1989, Chapter 290, Section 4, as amended) is amended to read:

"32A-16-4. POWERS AND DUTIES OF THE BOARD.--The child

development board shall:

A. recommend to the secretary of children, youth

and families the hiring of a director of child development;

B. consider and adopt licensure requirements,

policies and procedures for individuals working in licensed

or registered health facilities with children from birth to

age five; provided that such licensure requirements shall not

apply to individuals working in group homes pursuant to

Section 9-8-13 NMSA 1978;

C. consider and make recommendations to the

public education department regarding additional licensure

requirements for public school personnel working with public

school children up to age eight;

D. work with other state agencies to promote a

uniform and comprehensive method of licensing child care

personnel;

E. develop and adopt policies and procedures for

the office of child development;

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F. develop levels of licensure for nonpublic

school personnel depending upon the age of children served,

the training facility used and the program in which the

individual is employed;

G. work with the department of health to develop

levels of licensure for nonpublic school personnel serving

children who are developmentally delayed or at risk for

developmental delay, birth through two years;

H. develop and adopt program criteria for

state-funded preschool programs serving children from birth

to age five; provided that criteria shall not apply to

programs serving children who have a developmental delay or

are at risk for developing a delay, birth through two years,

and programs serving children who have a developmental delay,

three through five years; and

I. work with other state agencies to monitor the

implementation of state-funded preschool program criteria."

Section 42. Section 43-1-3 NMSA 1978 (being Laws 1977,

Chapter 279, Section 2, as amended) is amended to read:

"43-1-3. DEFINITIONS.--As used in the Mental Health

and Developmental Disabilities Code:

A. "aversive stimuli" means anything that,

because it is believed to be unreasonably unpleasant,

uncomfortable or distasteful to the client, is administered

or done to the client for the purpose of reducing the

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frequency of a behavior, but does not include verbal

therapies, physical restrictions to prevent imminent harm to

self or others or psychotropic medications that are not used

for purposes of punishment;

B. "client" means any patient who is requesting

or receiving mental health services or any person requesting

or receiving developmental disabilities services or who is

present in a mental health or developmental disabilities

facility for the purpose of receiving such services or who

has been placed in a mental health or developmental

disabilities facility by the person's parent or guardian or

by any court order;

C. "code" means the Mental Health and

Developmental Disabilities Code;

D. "consistent with the least drastic means

principle" means that the habilitation or treatment and the

conditions of habilitation or treatment for the client,

separately and in combination:

(1) are no more harsh, hazardous or

intrusive than necessary to achieve acceptable treatment

objectives for the client;

(2) involve no restrictions on physical

movement and no requirement for residential care except as

reasonably necessary for the administration of treatment or

for the protection of the client or others from physical

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injury; and

(3) are conducted at the suitable available

facility closest to the client's place of residence;

E. "convulsive treatment" means any form of

mental health treatment that depends upon creation of a

convulsion by any means, including but not limited to

electroconvulsive treatment and insulin coma treatment;

F. "court" means a district court of New Mexico;

G. "department" or "division" means the

behavioral health services division of the department of

health;

H. "developmental disability" means a disability

of a person that is attributable to mental retardation,

cerebral palsy, autism or neurological dysfunction that

requires treatment or habilitation similar to that provided

to persons with mental retardation;

I. "evaluation facility" means a community mental

health or developmental disability program, a medical

facility having psychiatric or developmental disability

services available, including the New Mexico behavioral

health institute at Las Vegas, the Los Lunas medical center

or, if none of the foregoing is reasonably available or

appropriate, the office of a licensed physician or a

certified psychologist, any of which shall be capable of

performing a mental status examination adequate to determine

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the need for involuntary treatment;

J. "experimental treatment" means any mental

health or developmental disabilities treatment that presents

significant risk of physical harm, but does not include

accepted treatment used in competent practice of medicine and

psychology and supported by scientifically acceptable

studies;

K. "grave passive neglect" means failure to

provide for basic personal or medical needs or for one's own

safety to such an extent that it is more likely than not that

serious bodily harm will result in the near future;

L. "habilitation" means the process by which

professional persons and their staff assist a client with a

developmental disability in acquiring and maintaining those

skills and behaviors that enable the person to cope more

effectively with the demands of the person's self and

environment and to raise the level of the person's physical,

mental and social efficiency. "Habilitation" includes but is

not limited to programs of formal, structured education and

treatment;

M. "likelihood of serious harm to oneself" means

that it is more likely than not that in the near future a

person will attempt to commit suicide or will cause serious

bodily harm to the person's self by violent or other

self-destructive means, including but not limited to grave

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passive neglect;

N. "likelihood of serious harm to others" means

that it is more likely than not that in the near future a

person will inflict serious, unjustified bodily harm on

another person or commit a criminal sexual offense, as

evidenced by behavior causing, attempting or threatening such

harm, which behavior gives rise to a reasonable fear of such

harm from the person;

O. "mental disability" means substantial disorder

of a person's emotional processes, thought or cognition that

grossly impairs judgment, behavior or capacity to recognize

reality, but does not mean developmental disability;

P. "mental health or developmental disabilities

professional" means a physician or other professional who by

training or experience is qualified to work with persons with

a mental disability or a developmental disability;

Q. "physician" or "certified psychologist", when

used for the purpose of hospital admittance or discharge,

means a physician or certified psychologist who has been

granted admitting privileges at a hospital licensed by the

department of health, if such privileges are required;

R. "psychosurgery":

(1) means those operations currently

referred to as lobotomy, psychiatric surgery and behavioral

surgery and all other forms of brain surgery if the surgery

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is performed for the purpose of the following:

(a) modification or control of

thoughts, feelings, actions or behavior rather than the

treatment of a known and diagnosed physical disease of the

brain;

(b) treatment of abnormal brain

function or normal brain tissue in order to control thoughts,

feelings, actions or behavior; or

function or abnormal brain tissue in order to modify

thoughts, feelings, actions or behavior when the abnormality

is not an established cause for those thoughts, feelings,

actions or behavior; and

(2) "psychosurgery" does not include

prefrontal sonic treatment in which there is no destruction

of brain tissue;

S. "residential treatment or habilitation

program" means diagnosis, evaluation, care, treatment or

habilitation rendered inside or on the premises of a mental

health or developmental disabilities facility, hospital,

clinic, institution or supervisory residence or nursing home

when the client resides on the premises; and

T. "treatment" means any effort to accomplish a

significant change in the mental or emotional condition or

behavior of the client."

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Section 43. Section 43-1-4 NMSA 1978 (being Laws 1977,

Chapter 279, Section 3, as amended) is amended to read:

"43-1-4. LEGAL REPRESENTATION OF CLIENTS.--

A. Clients shall be represented by counsel at all

proceedings under the code and shall be entitled to obtain

advice of counsel at any time regarding their status under

the code.

B. The court shall appoint counsel to represent a

client who has not retained counsel and is unable to do so.

When appointing counsel, the court shall give preference to

nonprofit organizations offering representation to persons

with a mental illness or a developmental disability. A

client shall be liable for the cost of legal representation

unless the client is indigent."

Section 44. Section 43-1-19 NMSA 1978 (being Laws

1977, Chapter 279, Section 18, as amended) is amended to

read:

"43-1-19. DISCLOSURE OF INFORMATION.--

A. Except as otherwise provided in the code, no

person shall, without the authorization of the client,

disclose or transmit any confidential information from which

a person well acquainted with the client might recognize the

client as the described person, or any code, number or other

means that can be used to match the client with confidential

information regarding the client.

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B. Authorization from the client shall not be

required for the disclosure or transmission of confidential

information in the following circumstances:

(1) when the request is from a mental health

or developmental disability professional or from an employee

or trainee working with a person with a mental disability or

developmental disability, to the extent that the practice,

employment or training on behalf of the client requires

access to such information is necessary;

(2) when such disclosure is necessary to

protect against a clear and substantial risk of imminent

serious physical injury or death inflicted by the client on

the client's self or another;

(3) when the disclosure of such information

is to the primary caregiver of the client and the disclosure

is only of information necessary for the continuity of the

client's treatment in the judgment of the treating physician

or certified psychologist who discloses the information; or

(4) when such disclosure is to an insurer

contractually obligated to pay part or all of the expenses

relating to the treatment of the client at the residential

facility. The information disclosed shall be limited to data

identifying the client, facility and treating or supervising

physician and the dates and duration of the residential

treatment. It shall not be a defense to an insurer's

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obligation to pay that the information relating to the

residential treatment of the client, apart from information

disclosed pursuant to this section, has not been disclosed to

the insurer.

C. No authorization given for the transmission or

disclosure of confidential information shall be effective

unless it:

(1) is in writing and signed; and

(2) contains a statement of the client's

right to examine and copy the information to be disclosed,

the name or title of the proposed recipient of the

information and a description of the use that may be made of

the information.

D. The client has a right of access to

confidential information and has the right to make copies of

any information and to submit clarifying or correcting

statements and other documentation of reasonable length for

inclusion with the confidential information. The statements

and other documentation shall be kept with the relevant

confidential information, shall accompany it in the event of

disclosure and shall be governed by the provisions of this

section to the extent they contain confidential information.

Nothing in this subsection shall prohibit the denial of

access to such records when a physician or other mental

health or developmental disabilities professional believes

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and notes in the client's medical records that such

disclosure would not be in the best interests of the client.

In any such case, the client has the right to petition the

court for an order granting such access.

E. Where there exists evidence that the client

whose consent to disclosure of confidential information is

sought is incapable of giving or withholding valid consent

and the client does not have a guardian or treatment guardian

appointed by a court, the person seeking such authorization

shall petition the court for the appointment of a treatment

guardian to make a substitute decision for the client, except

that if the client is less than fourteen years of age, the

client's parent or guardian is authorized to consent to

disclosure on behalf of the client.

F. Information concerning a client disclosed

under this section shall not be released to any other person,

agency or governmental entity or placed in files or

computerized data banks accessible to any persons not

otherwise authorized to obtain information under this

section.

G. Nothing in the code shall limit the

confidentiality rights afforded by federal statute or

regulation."

Section 45. Section 50-4-21 NMSA 1978 (being Laws

1955, Chapter 200, Section 2, as amended) is amended to read:

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"50-4-21. DEFINITIONS.--As used in the Minimum Wage

Act:

A. "employ" includes suffer or permit to work;

B. "employer" includes any individual,

partnership, association, corporation, business trust, legal

representative or any organized group of persons employing

one or more employees at any one time, acting directly or

indirectly in the interest of an employer in relation to any

employee, but shall not include the United States, the state

or any political subdivision thereof; and

C. "employee" includes any individual employed by

any employer, but shall not include:

(1) any individual employed in domestic

service in or about a private home;

(2) any individual employed in a bona fide

executive, administrative or professional capacity and

forepersons, superintendents and supervisors;

(3) any individual employed by the United

States or by the state or any political subdivision thereof;

(4) any individual engaged in the activities

of an educational, charitable, religious or nonprofit

organization where the employer-employee relationship does

not, in fact, exist or where the services rendered to such

organizations are on a voluntary basis. The employer-

employee relationship shall not be deemed to exist with

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respect to any individual being served for purposes of

rehabilitation by a charitable or nonprofit organization,

notwithstanding the payment to the individual of a stipend

based upon the value of the work performed by the individual;

(5) salespersons or employees compensated

upon piecework, flat rate schedules or commission basis;

(6) students regularly enrolled in primary

or secondary schools working after school hours or on

vacation;

(7) registered apprentices and learners

otherwise provided by law;

(8) persons eighteen years of age or under

who are not students in a primary, secondary, vocational or

training school;

(9) persons eighteen years of age or under

who are not graduates of a secondary school;

(10) persons employed by ambulance services;

(11) G.I. bill trainees while under

training;

(12) seasonal employees of any employer

obtaining and holding a valid certificate issued annually by

the director of the labor and industrial division of the

labor department. The certificate shall state the job

designations and total number of employees to be exempted.

In approving or disapproving an application for a certificate

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of exemption, the director shall consider the following:

(a) whether such employment shall be

at an educational, charitable or religious youth camp or

retreat;

(b) that such employment will be of a

temporary nature;

furnished room and board in connection with such employment,

or if the camp or retreat is a day camp or retreat, the

individual will be furnished board in connection with such

employment;

(d) the purposes for which the camp or

retreat is operated;

(e) the job classifications for the

positions to be exempted; and

(f) any other factors that the

director deems necessary to consider;

(13) any employee employed in agriculture:

(a) if such employee is employed by an

employer who did not, during any calendar quarter during the

preceding calendar year, use more than five hundred man-days

of agricultural labor;

(b) if such employee is the parent,

spouse, child or other member of the employer's immediate

family; for the purpose of this subsection, employer shall

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include the principal stockholder of a family corporation;

as a hand-harvest laborer and is paid on a piece-rate basis

in an operation that has been, and is customarily and

generally recognized as having been, paid on a piece-rate

basis in the region of employment; 2) commutes daily from the

employee's permanent residence to the farm on which the

employee is so employed; and 3) has been employed in

agriculture less than thirteen weeks during the preceding

calendar year;

(d) if such employee, other than an

employee described in Subparagraph (c) of this paragraph:

1) is sixteen years of age or under and is employed as a

hand-harvest laborer, is paid on a piece-rate basis in an

operation that has been, and is generally recognized as

having been, paid on a piece-rate basis in the region of

employment; 2) is employed on the same farm as the employee's

parent or person standing in the place of the parent; and

3) is paid at the same piece-rate as employees over age

sixteen are paid on the same farm; or

(e) if such employee is principally

engaged in the range production of livestock; or

(14) employees of charitable, religious or

nonprofit organizations who reside on the premises of group

homes operated by such charitable, religious or nonprofit

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organizations for persons who have a mental, emotional or

developmental disability."

Section 46. Section 50-4-23 NMSA 1978 (being Laws

1967, Chapter 242, Section 1) is amended to read:

"50-4-23. PERSONS WITH A DISABILITY--MINIMUM WAGE--

DIRECTOR POWERS AND DUTIES.--

A. The director of the labor and industrial

division of the labor department, to the extent necessary in

order to prevent curtailment of opportunities for employment,

shall, by regulation, provide for the employment under

special certificates of individuals, including individuals

employed in agriculture, whose earning or productive capacity

is impaired by physical or mental disability or injury or any

other disability, at wages that are lower than the minimum

wage applicable under Section 50-4-22 NMSA 1978, but not less

than fifty percent of such wage.

B. The director, pursuant to regulations and upon

certification of any state agency administering or supervising

the administration of vocational rehabilitation services, may

issue special certificates that allow the holder thereof to

work at wages that are less than those required by Subsection

A of this section and that are related to the workers'

productivity, for the employment of:

(1) workers with a disability who are

engaged in work that is incidental to training or evaluation

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programs; and

(2) persons with multiple disabilities and

other persons whose earning capacity is so severely impaired

that they are unable to engage in competitive employment.

C. The director may, by regulation or order,

provide for the employment of persons with a disability in

work activities centers under special certificates at wages

that are less than the minimums applicable under Section

50-4-22 NMSA 1978, or less than that prescribed in Subsection

A of this section, and that constitute equitable compensation

for such persons. As used in this subsection, "work

activities centers" means centers planned and designed

exclusively to provide therapeutic activities for persons

with a disability whose physical or mental disability is so

severe as to make their productive capacity inconsequential.

D. The state agency administering or supervising

the administration of vocational rehabilitation may issue a

temporary certificate for a period not to exceed ninety days

pursuant to Subsections A, B and C of this section and may

request an extension of the certification by the director

when it is determined that the severity of disability of an

individual or circumstances warrants an extension of the

certification."

Section 47. Section 58-18-3.1 NMSA 1978 (being Laws

1982, Chapter 86, Section 3, as amended) is amended to read:

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"58-18-3.1. ADDITIONAL DEFINITIONS--MULTIPLE-FAMILY

DWELLINGS, TRANSITIONAL AND CONGREGATE HOUSING FACILITIES.--

As used in the Mortgage Finance Authority Act:

A. "multiple-family dwelling project" means

residential housing that is designed for occupancy by more

than four persons or families living independently of each

other or living in a congregate housing facility, at least

sixty percent of whom are persons and families of low or

moderate income, including without limitation persons of low

or moderate income who are elderly and who have a disability

as determined by the authority, provided that the percentage

of low-income persons and families shall be at least the

minimum required by federal tax law;

B. "transitional housing facility" means

residential housing that is designed for temporary or

transitional occupancy by persons or families of low or

moderate income or special needs;

C. "congregate housing facility" means

residential housing designed for occupancy by more than four

persons or families of low or moderate income living

independently of each other. The facility may contain group

dining, recreational, health care or other communal

facilities and each unit in a congregate housing facility

shall contain at least its own living, sleeping and bathing

facilities;

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D. "project mortgage loan" means a mortgage loan

made to a sponsor to finance project costs of a

multiple-family dwelling or transitional or congregate

housing facility; and

E. "sponsor" means an individual, association,

corporation, joint venture, partnership, limited partnership,

trust or any combination thereof that has been approved by

the authority as qualified to own and maintain a

multiple-family dwelling or transitional or congregate

housing facility in New Mexico, maintains its principal

office or a branch office in New Mexico and has agreed to

subject itself to the regulatory powers of the authority and

the jurisdiction of the courts of the state."

Section 48. Section 60-13-44 NMSA 1978 (being Laws

1967, Chapter 199, Section 52, as amended) is amended to

read:

"60-13-44. TRADE BUREAUS--STANDARDS--CONFLICTS.--

A. The electrical bureau shall recommend to the

commission minimum standards for the installation or use of

electrical wiring. The recommendations shall substantially

embody the applicable provisions of an electrical code for

safety to life and property promulgated by a nationally

recognized association and developed through an open,

balanced consensus process.

B. The mechanical bureau shall recommend to the

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commission minimum standards for the installation of all

fixtures, consumers' gas pipe, appliances and materials

installed in the course of a mechanical installation. The

recommendations shall be in substantial conformity with codes

and standards that are developed through an open, balanced

consensus process. Manufacturers may choose the independent

certification organization they wish to certify their

products if the certification organization is accredited by

the American national standards institute or other

accreditation organization selected by the commission.

C. The general construction bureau shall

recommend to the commission minimum standards for the

construction, alteration or repair of buildings, except for

those activities within the jurisdiction of the electrical

bureau or the mechanical bureau. The recommendations shall

substantially embody the applicable provisions of a

nationally recognized building code that is developed through

an open, balanced consensus process and shall give due regard

to physical, climatic and other conditions peculiar to New

Mexico. The standards shall include the authority to permit

or deny occupancy of existing and new buildings or structures

and authority to accept or deny the use of materials

manufactured within or without the state. The general

construction bureau may set minimum fees or charges for

conducting tests to verify claims or specifications of

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manufacturers.

D. The general construction bureau shall

recommend to the commission additional specifications for any

public building constructed in the state through expenditure

of state, county or municipal funds, bonds and other

revenues, which specifications shall embody standards making

the building accessible to persons who have a physical

disability, and the specifications shall conform

substantially with those contained in a nationally recognized

standard for making public facilities accessible to persons

with a physical disability that is developed through an open,

balanced consensus process. All orders and rules recommended

by the general construction bureau and adopted by the

commission under the provisions of this section shall be

printed and distributed to all licensed contractors,

architects and engineers and to the governor's commission on

disability. The orders and rules shall take effect on a date

fixed by the commission, which shall not be less than thirty

days after their adoption by the commission, and shall have

the force of law.

E. The general construction bureau shall have the

right of review of all specifications of public buildings and

the responsibility to ensure compliance with the adopted

standards.

F. All political subdivisions of the state are

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subject to the provisions of codes adopted and approved under

the Construction Industries Licensing Act. Such codes

constitute a minimum requirement for the codes of political

subdivisions.

G. The trade bureaus within their respective

jurisdictions shall recommend to the commission standards

that are developed through an open, balanced consensus

process for the installation or use of electrical wiring, the

installation of all fixtures, consumers' gas pipe, appliances

and materials installed in the course of mechanical

installation and the construction, alteration or repair of

all buildings intended for use by persons with a physical

disability or persons requiring special facilities to

accommodate the aged. The recommendations shall give due

regard to physical, climatic and other conditions peculiar to

New Mexico.

H. The trade bureaus within their respective

jurisdictions shall recommend to the commission standards for

the construction, alteration, repair, use or occupancy of

manufactured commercial units, modular homes and

premanufactured homes. The recommendations shall

substantially embody the applicable provisions or standards

for the safety to life, health, welfare and property approved

by the nationally recognized standards association and

developed through an open, balanced consensus process and

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shall give due regard to physical, climatic and other

conditions peculiar to New Mexico. Wherever existing state

codes or standards conflict with the codes and standards

adopted by the commission under the provisions of this

subsection, the provisions of the applicable New Mexico

building codes adopted pursuant to the Construction

Industries Licensing Act and the LPG and CNG Act in effect at

the applicable time shall exclusively apply and control,

except for codes and standards for mobile housing units.

I. Modular homes and premanufactured homes in

existence at the time of the effective date of the

Construction Industries Licensing Act shall have their use or

occupancy continued if such use or occupancy was legal on the

effective date of that act, provided such continued use or

occupancy is not dangerous to life. Any change in the use or

occupancy or any major alteration or repair of a modular home

or premanufactured home shall comply with all codes and

standards adopted under the Construction Industries Licensing

Act.

J. The commission shall review all

recommendations made under the provisions of this section and

shall by rule adopt standards and codes that substantially

comply with the requirements of this section that apply to

the recommendations of the trade bureaus."

Section 49. Section 66-7-352.2 NMSA 1978 (being Laws

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1983, Chapter 45, Section 2) is amended to read:

"66-7-352.2. LEGISLATIVE INTENT.--The policy and

intent of the legislature is declared to be as follows:

A. that the legislature finds there is a

significant safety hazard for persons with a physical

disability crossing through parking lots and that this hazard

is greatly reduced when parking is provided adjacent to a

building entrance;

B. that many commercial and governmental

establishments now provide reserved parking for persons with

a disability, ensuring full and equal opportunity for persons

with a disability to maintain independence and self-respect;

and

C. that ultimately society will benefit from the

increased interaction of persons with a disability with the

mainstream that these parking spaces will provide."