HOUSE BILL 794

49th legislature - STATE OF NEW MEXICO - first session, 2009

INTRODUCED BY

Ben Lujan

AN ACT

RELATING TO PUBLIC EMPLOYEES; CLARIFYING THE POSITION OF DISTRICT ENGINEERS AS DIVISION DIRECTORS; EXEMPTING THE DISTRICT ENGINEER OF EACH STATE HIGHWAY CONSTRUCTION DISTRICT FROM THE PERSONNEL ACT.

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

     Section 1. Section 67-3-8 NMSA 1978 (being Laws 1967, Chapter 226, Section 7, as amended) is amended to read:

     "67-3-8. POWERS AND DUTIES OF SECRETARY.--The secretary shall:

          A. serve as the chief staff officer of the state transportation commission and shall be responsible to the commission for the operations and management of the work of the department;

          B. organize the department in such a manner as to properly conduct the work of the department;

          C. establish six highway construction districts with the approval of the state transportation commission. The secretary shall designate a district engineer in each construction district to supervise and manage the operations of the district. The district engineer shall be a professional engineer. District engineers shall be division directors and are exempt from the Personnel Act. The authority and responsibility for the actual construction for all construction projects within the district shall be delegated to the district engineer. District engineers shall attend state transportation commission meetings;

          D. in accordance with the provisions of the Personnel Act, employ such assistants and employees as may be required for the efficient operation of the department, each of whom shall possess all the qualifications that may be prescribed for such position; provided that, notwithstanding the provisions of the Personnel Act, no more than five division directors shall be covered by and subject to the Personnel Act;

          E. observe, administer and enforce the provisions of law now existing or hereafter enacted that pertain to the state highways, the state transportation commission or the department; and

          F. ensure that any behavioral health services, including mental health and substance abuse services, provided, contracted for or approved are in compliance with the requirements of Section 9-7-6.4 NMSA 1978."

     Section 2. APPLICABILITY.--Notwithstanding the changes in this act to Section 67-3-8 NMSA 1978, district engineers who continue to be employed in that position by the department of transportation on and after July 1, 2009 shall be covered by the Personnel Act.   

     Section 3. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2009.

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