HOUSE BILL 508

50th legislature - STATE OF NEW MEXICO - first session, 2011

INTRODUCED BY

Joni Marie Gutierrez

AN ACT

RELATING TO EXECUTIVE ORGANIZATION; REPLACING THE LOCAL GOVERNMENT DIVISION OF THE DEPARTMENT OF FINANCE AND ADMINISTRATION WITH THE PLANNING AND COMMUNITY DEVELOPMENT DIVISION OF THE DEPARTMENT OF FINANCE AND ADMINISTRATION; TRANSFERRING FUNCTIONS, PERSONNEL, APPROPRIATIONS, MONEY, PROPERTY, CONTRACTUAL OBLIGATIONS AND STATUTORY REFERENCES.

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

     SECTION 1. Section 9-6-1 NMSA 1978 (being Laws 1977, Chapter 247, Section 1) is amended to read:

     "9-6-1. SHORT TITLE.--Sections [1 through 7 of this act] 9-6-1 through 9-6-5.1 and 9-6-15 NMSA 1978 may be cited as the "Department of Finance and Administration Act"."

     SECTION 2. Section 9-6-3 NMSA 1978 (being Laws 1977, Chapter 247, Section 3, as amended) is amended to read:

     "9-6-3. DEPARTMENT OF FINANCE AND ADMINISTRATION--CREATION--TRANSFER AND MERGER OF DIVISION FUNCTIONS--MERGER AND CREATION OF DIVISIONS.--

          A. The "department of finance and administration" is created. The department shall consist of those divisions created by law or executive order, as modified by executive order pursuant to Subsection C of this section, including but not limited to:

                (1) the board of finance division;

                (2) the financial control division;

                (3) the [local government] planning and community development division;

                (4) the management and contracts review division; and

                (5) the state budget division.

          B. The secretary of finance and administration is empowered to organize the department and the divisions thereof specified in Subsection A of this section and may transfer or merge functions between divisions in the interest of efficiency and economy.

          C. The governor is empowered to merge divisions of the department or to create additional divisions by executive order in the interest of efficiency and economy."

     SECTION 3. Section 9-6-5 NMSA 1978 (being Laws 1977, Chapter 247, Section 5, as amended) is amended to read:

     "9-6-5. SECRETARY--DUTIES AND GENERAL POWERS.--

          A. The secretary of finance and administration is responsible to the governor for the operation of the department. It is [his] the secretary's duty to manage all operations of the department and to administer and enforce the laws with which [he] the secretary or the department is charged.

          B. To perform [his] the secretary's duties, the secretary has every power expressly enumerated in the laws, whether granted to the secretary or the department, or any division or office of the department, except where authority conferred upon any division or office is explicitly exempted from the secretary's authority by statute. In accordance with these provisions, the secretary shall:

                (1) except as otherwise provided in the Department of Finance and Administration Act, exercise general supervisory and appointing authority over all department employees, subject to any applicable personnel laws and regulations;

                (2) delegate authority to subordinates as [he] the secretary deems necessary and appropriate, clearly delineating such delegated authority and the limitations thereto;

                (3) organize the department into those organizational units [he] that the secretary deems will enable it to function most efficiently, subject to any provisions of law requiring or establishing specific organizational units;

                (4) within the limitations of available appropriations and applicable laws, employ and fix the compensation of those persons necessary to discharge [his] the secretary's duties;

                (5) take administrative action by issuing orders and instructions, not inconsistent with the law, to assure implementation of and compliance with the provisions of law with the administration or execution of which [he] the secretary is responsible, and to enforce those orders and instructions by appropriate administrative action or actions in the courts;

                (6) conduct research and studies that will improve the operations of the department and the provision of services to the citizens of the state;

                (7) provide courses of instruction and practical training for employees of the department and other persons involved in the administration of programs with the objective of improving the operations and efficiency of administration;

                (8) prepare an annual budget of the department;

                (9) provide cooperation, at the request of heads of administratively attached agencies and adjunct agencies in order to:

                     (a) minimize or eliminate duplication of services and jurisdictional conflicts;

                     (b) coordinate activities and resolve problems of mutual concern; and

                     (c) resolve by agreement the manner and extent to which the department shall provide budgeting, recordkeeping and related clerical assistance to administratively attached agencies;

                (10) appoint, with the governor's consent, one "deputy secretary", and, for each division and office, a "director". These appointed positions are exempt from the provisions of the Personnel Act. Any person appointed to serve as the director of the planning and community development division shall have a minimum of four years of city, county, regional or state planning experience, shall be a member of the American institute of certified planners and shall have resided in the state for at least one year. Persons appointed to these positions shall serve at the pleasure of the secretary;

                (11) serve as, or designate the deputy secretary to serve as, executive officer of the state board of finance;

                (12) give bond as provided in the Surety Bond Act. The department shall pay the cost of such bond; and

                (13) require faithful performance or other fidelity bonds of such department employees and officers as [he] the secretary deems necessary, as provided in the Surety Bond Act. The department shall pay the costs of such bonds.

          C. The secretary may apply for and receive, with the governor's approval, in the name of the department, any public or private funds, including but not limited to United States government funds, available to the department to carry out its programs, duties or services.

          D. Where functions of departments overlap, or a function assigned to one department could [better] be performed better by another department, [a] the secretary may recommend appropriate legislation to the next session of the legislature for its approval.

          E. The secretary may make and adopt such reasonable administrative and procedural rules and regulations as may be necessary to carry out the duties of the department and its divisions. No rule or regulation promulgated by the director of any division or office in carrying out the functions and duties of the division or office shall be effective until approved by the secretary unless otherwise provided by statute. Unless otherwise provided by statute, no regulation affecting any person or agency outside the department shall be adopted, amended or repealed without a public hearing on the proposed action before the secretary or a hearing officer designated by [him] the secretary. The public hearing shall be held in Santa Fe unless otherwise permitted by statute. Notice of the subject matter of the regulation, the action proposed to be taken, the time and place of the hearing, the manner in which interested persons may present their views and the method by which copies of the proposed [regulation] rule or proposed amendment or repeal of an existing [regulation] rule may be obtained shall be published once at least thirty days prior to the hearing date in a newspaper of general circulation and mailed at least thirty days prior to the hearing date to all persons who have made a written request for advance notice of hearing. All rules and regulations shall be filed in accordance with the State Rules Act."

     SECTION 4. Section 9-6-5.1 NMSA 1978 (being Laws 1983, Chapter 296, Section 7) is amended to read:

     "9-6-5.1. PLANNING POWERS AND DUTIES OF SECRETARY OF FINANCE AND ADMINISTRATION.--The secretary of [the department of] finance and administration, in addition to the other powers and duties conferred:

          A. shall review federal grant applications and provide management assistance;

          B. shall coordinate, in accordance with directives from the governor's office of policy and planning, state agency plans for economic, natural resource, energy resource and human resource development;

          C. shall direct the planning and community development division to:

                (1) provide aid to planning and development districts in developing grant proposals and cooperate with other local entities in developing grant proposals;

                (2) acquire, study and review all plans for capital projects proposed by state agencies and render advice on the plans and strategies for funding implementation;

                (3) maintain an inventory of and long-range estimates for plans for capital projects and develop standards for measuring the need for and the utility of proposed projects, including cost, function, location and relevancy to community plans and local priorities;

                (4) provide community development block grant technical assistance and administer, in consultation with and upon advice and direction from the community development council, the program for the state community development block grant program;

                (5) serve as staff to the New Mexico association of regional councils;

                (6) serve as staff to the acequia commission;

                (7) maintain a state planning library, census information and digital planning information, all of which shall be available to the public;

                (8) provide planning assistance to county and multicounty districts relative to applications by such districts for financial assistance and for regional planning development;

                (9) develop a state comprehensive growth management plan that provides planning for development in areas of key interest to the state, including:

                     (a) protection and development of the state's natural resources such as water and other minerals;

                     (b) development of major infrastructure for transportation and economic development;

                     (c) assurance of affordable housing and renewable energy; and

                     (d) protection of land resources for agriculture and protection of cultural resources;

                (10) coordinate the state growth management planning process with the cooperation of other relevant state agencies to assure that community development is in the interest of promoting the safety and general welfare of the residents of the state;

                (11) involve the public in its programs and initiatives, including, from time to time, use of ad hoc citizen task forces or advisory committees to study and advise on selected problems of interest to the state;

                (12) coordinate the state clearinghouse review process;

                (13) confer with the state budget division of the department of finance and administration in developing comprehensive plans to assure coordination of planning and budgeting functions;

                (14) provide planning and funding assistance to units of local government, council of government organizations, Indian tribal governments situated within New Mexico and nonprofit entities having for their purpose local, regional or community betterment. The secretary of finance and administration, incident to any such programs, may enter into contracts and agreements with such units of local government, council of government organizations, Indian tribal governments, nonprofit entities and the federal government and may participate in or receive aid from any federal or private program in relation to such a planning program or assistance;

                (15) develop a statewide comprehensive geographic information system;

                (16) propose updates to the legislature for changes to the statutes governing planning, zoning and subdivision;

                (17) involve the public in its programs and initiatives;

                (18) submit annual reports for review and comment to the governor and the appropriate interim committees of the legislature regarding community planning and development activities and accomplishments;

                (19) contract for, receive and utilize any grants or other financial assistance made available by the United States government or by any other source, public or private; and

                (20) review and coordinate comment by state agencies on draft environmental impact statements; and     

          [D. shall acquire, study and review all plans for capital projects proposed by state agencies and render advice on the plans. The secretary shall maintain long-range estimates and plans for capital projects and develop standards for measuring the need for and utility of proposed projects;

          E. may contract for, receive and utilize any grants or other financial assistance made available by the United States government or by any other source, public or private;

          F. may provide planning and funding assistance to units of local government, council of government organizations, Indian tribal governments situated within New Mexico and to nonprofit entities having for their purpose local, regional or community betterment. The secretary, incident to any such programs, may enter into contracts and agreements with such units of local government, council of government organizations, Indian tribal governments, nonprofit entities and the federal government and may participate in or receive aid from any federal or private program in relation to such a planning program or assistance;

          G. shall confer with the state budget division of the department of finance and administration in developing comprehensive plans to assure coordination of planning and budgeting functions;

          H. shall coordinate the state clearinghouse review process;

          I.] D. shall develop a status of the state report

          [J. shall review and coordinate comment by state agencies on draft environmental impact statements;

          K. shall provide community development block grant technical assistance to local governments;

          L. shall administer, in consultation with and upon advice and direction from the community development block grant policy committee, the program for the state community development block grant program;

          M. shall serve as staff to the New Mexico association of regional councils;

          N. shall maintain a state planning library; and

          O. shall provide planning assistance to county and multi-county districts relative to application by such districts for financial assistance and for regional plan development]."

     SECTION 5. TEMPORARY PROVISION--TRANSFERS--CONTRACTUAL

OBLIGATIONS--STATUTORY REFERENCES.--

          A. On January 1, 2012, all functions, personnel,

appropriations, money, records, furniture, equipment and other

property of the local government division of the department of finance and administration shall be transferred to the planning and community development division of the department of finance and administration.

          B. On January 1, 2012, all references in law to the local government division of the department of finance and administration shall be deemed to be references to the planning and community development division of the department of finance and administration.

          C. On January 1, 2012, all contractual obligations

of the local government division of the department of finance and administration shall be transferred to the planning and community development division of the department of finance and administration.

          D. The rules of the local government division of the department of finance and administration shall remain in effect until repealed or amended by the planning and community development division of the department of finance and administration.

     SECTION 6. EFFECTIVE DATE.--The effective date of the provisions of this act is January 1, 2012.

- 13 -