HOUSE BILL 551
50th legislature - STATE OF NEW MEXICO - first session, 2011
INTRODUCED BY
Sandra D. Jeff
AN ACT
RELATING TO EXECUTIVE ORGANIZATION; CONSOLIDATING INDIAN PROGRAMS WITHIN THE INDIAN AFFAIRS DEPARTMENT; AMENDING, REPEALING AND ENACTING SECTIONS OF THE NMSA 1978.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 9-21-1 NMSA 1978 (being Laws 2004, Chapter 18, Section 1 and Laws 2004, Chapter 24, Section 1) is amended to read:
"9-21-1. SHORT TITLE.--[Sections 1 through 15 of this act] Chapter 9, Article 21 NMSA 1978 may be cited as the "Indian Affairs Department Act"."
SECTION 2. Section 9-21-7 NMSA 1978 (being Laws 2004, Chapter 18, Section 7 and Laws 2004, Chapter 24, Section 7) is amended to read:
"9-21-7. DEPARTMENT--ADDITIONAL POWERS AND DUTIES.--
A. The department is the coordinating agency for intergovernmental and interagency programs concerning tribal governments and the state.
B. The department shall:
(1) investigate, study, consider and act upon the entire subject of Indian conditions and relations within New Mexico, including problems of health, economy and education and the effect of local, state and federal legislative, executive and judicial actions. The department shall collaborate with other state departments or agencies that have an interest or stake in the subject being investigated, studied or considered. In performing its functions, the department shall provide an opportunity for the presentation and exchange of ideas in respect to Indian affairs of the state by all interested persons; and
(2) assist in setting the policy, and act as the clearinghouse, for all state programs affecting the Indian people of New Mexico.
C. The department may:
(1) hold hearings, conduct meetings, make investigations and confer with officials of local, state and federal agencies to secure cooperation between the local, state, federal and Indian tribal governments in the promotion of the welfare of the Indian people of New Mexico;
(2) contract with tribal governments, public agencies or private persons to provide services and facilities for promoting the welfare of the Indian people of New Mexico; and
(3) solicit and accept gifts, grants, donations, bequests and devises.
D. The department shall assume administrative control of the following state agencies:
(1) the office of Indian elder affairs within the office of the secretary of aging and long-term services;
(2) the museum of Indian arts and culture division of the cultural affairs department;
(3) the office of American Indian health in the department of health;
(4) the American Indian post-secondary education division of the higher education department; and
(5) the intertribal ceremonial office in the tourism department.
E. The American Indian health advisory council shall be administratively attached to the department."
SECTION 3. A new section of the Indian Affairs Department Act is enacted to read:
"[NEW MATERIAL] INDIAN AFFAIRS ADVISORY COUNCIL--CREATION--DUTIES.--
A. The "Indian affairs advisory council" is created and shall advise the secretary concerning issues coming within the scope of the responsibilities of the department. The council consists of sixteen members as follows:
(1) four representatives from the Navajo Nation;
(2) two representatives, one from the Mescalero Apache Tribe and one from the Jicarilla Apache Nation;
(3) four representatives, two from the southern pueblos and two from the northern pueblos;
(4) three urban Indians representing urban areas, including Albuquerque, Gallup and Farmington; and
(5) three at-large representatives, one from the federal bureau of Indian affairs, one from a head start organization and one from the general public, at least one of whom shall be nontribal but all of whom shall have knowledge of and involvement in the education of tribal students.
B. Members of the Indian affairs advisory council shall be appointed by the secretary with input from New Mexico tribes for staggered terms so that the terms of the at-large members and of one-half of each of the tribal representatives end on December 31, 2011 and the terms of the remaining members end on December 31, 2013. Thereafter, appointments shall be for terms of four years.
C. A majority of the members of the Indian affairs advisory council constitutes a quorum. The advisory council shall elect a chair from its membership.
D. On a semiannual basis, representatives from all New Mexico tribes, the office of the governor, the legislature, the secretary and the Indian affairs advisory council shall meet to assist in evaluating, consolidating and coordinating all activities relating to New Mexico's Indian nations, tribes and pueblos.
E. Members of the Indian affairs advisory council may receive per diem and mileage as provided for nonsalaried public officers in the Per Diem and Mileage Act."
SECTION 4. 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 following agencies shall be transferred to the Indian affairs department:
(1) the office of Indian elder affairs within the office of the secretary of aging and long-term services;
(2) the museum of Indian arts and culture division of the cultural affairs department;
(3) the office of American Indian health in the department of health;
(4) the American Indian post-secondary education division of the higher education department;
(5) the intertribal ceremonial office in the tourism department;
(6) the American Indian health advisory council; and
(7) the intertribal ceremonial office.
B. On January 1, 2012, all references in law to:
(1) the office of Indian elder affairs in the office of the secretary of aging and long-term services shall be deemed to be references to the office of Indian elder affairs in the Indian affairs department;
(2) the museum of Indian arts and culture division of the cultural affairs department shall be deemed to be references to the museum of Indian arts and culture division of the Indian affairs department;
(3) the office of American Indian health in the department of health shall be deemed to be references to the office of American Indian health in the Indian affairs department;
(4) the American Indian post-secondary education division of the higher education department shall be deemed to be references to the American Indian post-secondary education division of the Indian affairs department; and
(5) the intertribal ceremonial office in the tourism department shall be deemed to be references to the intertribal ceremonial office in the Indian affairs department.
C. On January 1, 2012, all contractual obligations of the office of Indian elder affairs within the office of the secretary of aging and long-term services, the museum of Indian arts and culture division of the cultural affairs department, the office of American Indian health in the department of health, the American Indian post-secondary education division of the higher education department, the intertribal ceremonial office in the tourism department and the American Indian health advisory council shall be transferred to the Indian affairs department.
D. The rules of any transferred agency shall remain
in effect until repealed or amended by the Indian affairs department.
SECTION 5. REPEAL.--Sections 9-21-13 and 9-21-14 NMSA 1978 (being Laws 2004, Chapter 18, Section 13 and Laws 2004, Chapter 24, Section 13; and Laws 2004, Chapter 18, Section 14 and Laws 2004, Chapter 24, Section 14) are repealed.
SECTION 6. EFFECTIVE DATE.--The effective date of the provisions of this act is January 1, 2012.
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