SENATE BILL 200

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

INTRODUCED BY

Bernadette M. Sanchez

AN ACT

RELATING TO STATE AGENCIES; CREATING THE OFFICE OF HISPANIC AFFAIRS; CREATING THE OFFICE OF HISPANIC AFFAIRS FUND; CREATING THE LAND GRANT BUREAU; ESTABLISHING A LAND GRANT COUNCIL; MAKING AN APPROPRIATION.

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

     Section 1. SHORT TITLE.--This act may be cited as the "Hispanic Affairs Act".

     Section 2. DEFINITIONS.--As used in the Hispanic Affairs Act:

          A. "bureau" means the land grant bureau;

          B. "council" means the land grant council; and

          C. "land grant" means a patented community land grant-merced organized and operating as a political subdivision of the state.

     Section 3. OFFICE OF HISPANIC AFFAIRS--CREATED--POWERS AND DUTIES.--

          A. The "office of Hispanic affairs" is created and is administratively attached to the cultural affairs department.

          B. The governor shall appoint a director, who shall work at the pleasure of the governor. The director shall employ other necessary employees who shall be subject to the provisions of the Personnel Act.

          C. The office shall:

                (1) address issues important to Hispanics, including history and culture; land and water; education; economic and social issues; and health care;

                (2) secure recognition of Hispanics' accomplishments and contributions to New Mexico and the United States;

                (3) cooperate with and assist public and private entities dealing with issues important to Hispanics;

                (4) address issues important to Hispanics at both the state and federal level;

                (5) otherwise act as an advocate for Hispanic residents of New Mexico; and

                (6) provide administrative support to the land grant bureau.

          D. Additionally, the office shall:

                (1) act as a clearinghouse for information important to the Hispanic community;

                (2) promote and develop community resources designed to meet the needs of Hispanics;

                (3) prepare and submit a budget for the office; and

                (4) publish an annual report on the activities and services of the office.

          E. The office may:

                (1) adopt and promulgate rules pursuant to the State Rules Act to carry out the duties of the office;

                (2) accept gifts, grants, donations, bequests and devises from any source to be used to carry out its duties; and

                (3) enter into contracts.

     Section 4. OFFICE OF HISPANIC AFFAIRS FUND--CREATED-- ADMINISTRATION.--The "office of Hispanic affairs fund" is created in the state treasury. The fund shall consist of appropriations, gifts, grants, donations and bequests. Money in the fund is appropriated to the office of Hispanic affairs to carry out the purposes of the Hispanic Affairs Act. Money in the fund at the end of any fiscal year shall not revert to the general fund. The fund shall be administered by the office of Hispanic affairs, and disbursements from the fund shall be made on warrants drawn by the secretary of finance and administration pursuant to vouchers signed by the director of the office or the director's authorized representative.

     Section 5. LAND GRANT BUREAU--CREATED--PURPOSE--LAND GRANT COUNCIL.--

          A. The "land grant bureau" is created in the office of Hispanic affairs. The general purposes of the bureau are to establish a land grant support program to provide advice and assistance to land grants and to serve as a liaison between land grants and federal, state and local governments.

          B. As part of the land grant support program, the bureau shall establish a "land grant council" to:

                (1) advise the bureau on the land grant support program and services to be provided to land grants;                (2) serve as a liaison between land grants and the bureau; and

                (3) submit nominations for chief of the bureau for appointment by the director with approval of the governor.

          C. The council shall consist of five members appointed by the governor from the boards of directors of land grants for staggered terms of four years, with two members of the initial council selected by lot to serve an initial term of two years.

          D. The council shall appoint a chair and may appoint such other officers as it deems necessary.

          E. The council shall meet at least quarterly. Meetings of the council shall be called by the chair of the council or at the request of at least three members of the council.

          F. Members of the council are entitled to receive per diem and mileage in accordance with the provisions of the Per Diem and Mileage Act.

     Section 6. LAND GRANT SUPPORT PROGRAM--BUREAU POWERS AND DUTIES.--

          A. The bureau may apply for and accept any public or private grants, gifts or donations for the benefit of the land grant support program, the council or land grants in general or particular.

          B. The bureau, on the advice of the council, may:

                (1) assist land grants in all areas of land grant fiscal and programmatic management, including planning, economic development and infrastructure development;

                (2) establish cooperative purchasing capabilities for land grants;

                (3) perform special studies and undertake surveys of interest to land grants and report the findings;

                (4) serve as fiscal agent and administrator for federal and state grants-in-aid and other funding for a land grant when necessary;

                (5) facilitate or enter into agreements with state and federal agencies on behalf of land grants; and

                (6) provide other assistance to land grants.

          C. The bureau shall:

                (1) facilitate the exchange of experience and advice among land grants;

                (2) serve, in conjunction with the council, as a liaison between land grants and federal, state and local agencies;

                (3) promote cooperation between land grants and, by consultation and advice, assist in the coordination of land grant programs;

                (4) provide board development opportunities and technical assistance to the governing boards of land grants;

                (5) provide short- and long-range planning assistance to land grants;

                (6) conduct training sessions for land grants on topics of interest, such as:  

                     (a) local, state and national zoning trends and concerns and other land-use issues;

                     (b) state requirements for political subdivisions on such topics as open meetings, public records, procurement, risk management, tort claims and financial accountability;

                     (c) techniques of historical research;

                     (d) grant writing;

                     (e) economic development strategies; and

                     (f) rangeland management and water conservation;

                (7) disseminate information to relevant federal, state and local agencies on land grant issues and activities and, when requested, on the status of individual land grants;

                (8) on the advice of the council, develop and promote federal legislation for an appropriate congressional response to longstanding community land grant claims in New Mexico; and

                (9) review state and federal policies, plans and legislation affecting land grants in New Mexico.

     Section 7. REPORT TO GOVERNOR AND LEGISLATURE.--The council and the bureau shall report to the governor and the legislature by December 1 of each year on the state of land grants in New Mexico and the activities of the council and the bureau for that year.

     Section 8. APPROPRIATION.--Three hundred thousand dollars ($300,000) is appropriated from the general fund to the office of Hispanic affairs fund for expenditure in fiscal year 2010 to pay the costs of establishing the office and the bureau, hiring staff and carrying out the provisions of the Hispanic Affairs Act. Any unexpended or unencumbered balance remaining at the end of fiscal year 2010 shall revert to the general fund.