SB0158RUS

SENATE RULES COMMITTEE SUBSTITUTE FOR

SENATE BILL 158

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

AN ACT

RELATING TO EXECUTIVE REORGANIZATION; REPEALING CERTAIN BOARDS, COMMISSIONS, COMMITTEES, COUNCILS AND SIMILAR ENTITIES; LIMITING OR REASSIGNING POWERS AND DUTIES; CHANGING THE MEMBERSHIP OF CERTAIN BOARDS, COMMISSIONS, COMMITTEES, COUNCILS AND SIMILAR ENTITIES; MAKING CONFORMING AMENDMENTS; TRANSFERRING FUNCTIONS, MONEY, PROPERTY, CONTRACTUAL OBLIGATIONS AND STATUTORY REFERENCES; AMENDING, REPEALING AND ENACTING SECTIONS OF THE NMSA 1978.

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

SECTION 1. Section 9-3-11 NMSA 1978 (being Laws 1977, Chapter 257, Section 12) is amended to read:

"9-3-11. ADMINISTRATIVE ATTACHMENT.--[A.] The [following entities are] parole board is administratively attached to the corrections department

[(1) the adult parole board;

(2) the governor's organized crime prevention commission; and

(3) the public defender department.

B. All powers and duties vested in the entities enumerated in this section shall remain unamended by the provisions of the Criminal Justice Department Act]."

SECTION 2. Section 9-25-1 NMSA 1978 (being Laws 2005, Chapter 289, Section 1) is amended to read:

"9-25-1. SHORT TITLE.--[Sections 1 through 13 of this act] Chapter 9, Article 25 NMSA 1978 may be cited as the "Higher Education Department Act"."

SECTION 3. Section 9-25-3 NMSA 1978 (being Laws 2005, Chapter 289, Section 3) is amended to read:

"9-25-3. DEFINITIONS.--As used in the Higher Education Department Act:

[A. "board" means the higher education advisory board;

B.] A. "department" means the higher education department; and

[C.] B. "secretary" means the secretary of higher education."

SECTION 4. Section 9-25-13 NMSA 1978 (being Laws 2005, Chapter 289, Section 13) is amended to read:

"9-25-13. ADVISORY COMMITTEES.--

A. [In addition to the higher education advisory board] The department may create [other] advisory committees. "Advisory" means furnishing advice, gathering information, making recommendations and performing such other activities as may be instructed or delegated and as may be necessary to fulfill advisory functions or to comply with federal or private funding requirements and does not extend to administering a program or function or setting policy unless specified by law. Advisory committees shall be appointed in accordance with the provisions of the Executive Reorganization Act.

B. All members of advisory committees are entitled to receive per diem and mileage as provided in the Per Diem and Mileage Act and shall receive no other compensation, perquisite or allowance."

SECTION 5. Section 12-8A-2 NMSA 1978 (being Laws 2000, Chapter 65, Section 2, as amended) is amended to read:

"12-8A-2. DEFINITIONS.--As used in the Governmental Dispute Prevention and Resolution Act:

A. "agency" means the state and its agencies, departments, boards, instrumentalities or institutions that are insured by the division;

B. "alternative dispute resolution" means a process other than litigation used to prevent or resolve disputes, including mediation, facilitation, regulatory negotiation, settlement conferences, binding and nonbinding arbitration, fact-finding, conciliation, early neutral evaluation and policy dialogues;

[C. "council" means the alternative dispute prevention and resolution advisory council;

D.] C. "department" means the general services department;

[E.] D. "division" means the risk management division of the department;

[F.] E. "interested party" means a person having or anticipating a dispute with any agency, or a representative of that person;

[G.] F. "neutral party" means a person who is trained to provide services as a mediator, arbitrator, facilitator, fact-finder or conciliator who aids parties to prevent or resolve disputes;

[H.] G. "office" means the bureau known as the office of alternative dispute prevention and resolution in the division; and

[I.] H. "public facilitation" means collaboration with identified stakeholders concerning public policy issues, including policy dialogues and other techniques to seek consensus, reconcile differences or prevent disputes from arising in the development or implementation of public administration issues."

SECTION 6. Section 12-8A-8 NMSA 1978 (being Laws 2007, Chapter 206, Section 8) is amended to read:

"12-8A-8. OFFICE OF ALTERNATIVE DISPUTE PREVENTION AND RESOLUTION--CREATED--POWERS--DUTIES.--

A. The "office of alternative dispute prevention and resolution" is created as a bureau of the division.

B. In order to promote alternative dispute resolution, the office shall:

(1) organize and manage alternative dispute resolution programs for agencies, employees, vendors, businesses regulated by governmental entities and other interested parties;

(2) coordinate the use of neutral parties to facilitate alternative dispute resolution for interested parties and training for agency staff;

(3) implement development and use of alternative dispute resolution strategies;

[(4) provide staff support for the council;

(5)] (4) maintain information and educate government officials about training and use of alternative dispute resolution and referrals; and

[(6)] (5) prepare an annual report [for review and presentation by the council] on the use, cost and success of alternative dispute resolution programs."

SECTION 7. Section 13-1-98 NMSA 1978 (being Laws 1984, Chapter 65, Section 71, as amended) is amended to read:

"13-1-98. EXEMPTIONS FROM THE PROCUREMENT CODE.--The provisions of the Procurement Code shall not apply to:

A. procurement of items of tangible personal property or services by a state agency or a local public body from a state agency, a local public body or external procurement unit except as otherwise provided in Sections 13-1-135 through 13-1-137 NMSA 1978;

B. procurement of tangible personal property or services for the governor's mansion and grounds;

C. printing and duplicating contracts involving materials that are required to be filed in connection with proceedings before administrative agencies or state or federal courts;

D. purchases of publicly provided or publicly regulated gas, electricity, water, sewer and refuse collection services;

E. purchases of books and periodicals from the publishers or copyright holders thereof;

F. travel or shipping by common carrier or by private conveyance or to meals and lodging;

G. purchase of livestock at auction rings or to the procurement of animals to be used for research and experimentation or exhibit;

H. contracts with businesses for public school transportation services;

I. procurement of tangible personal property or services, as defined by Sections 13-1-87 and 13-1-93 NMSA 1978, by the corrections industries division of the corrections department pursuant to rules adopted by the corrections [industries commission] department, which shall be reviewed by the purchasing division of the general services department prior to adoption;

J. minor purchases not exceeding five thousand dollars ($5,000) consisting of magazine subscriptions, conference registration fees and other similar purchases [where] for which prepayments are required;

K. municipalities having adopted home rule charters and having enacted their own purchasing ordinances;

L. the issuance, sale and delivery of public securities pursuant to the applicable authorizing statute, with the exception of bond attorneys and general financial consultants;

M. contracts entered into by a local public body with a private independent contractor for the operation, or provision and operation, of a jail pursuant to Sections

33-3-26 and 33-3-27 NMSA 1978;

N. contracts for maintenance of grounds and facilities at highway rest stops and other employment opportunities, excluding those intended for the direct care and support of persons with handicaps, entered into by state agencies with private, nonprofit, independent contractors who provide services to persons with handicaps;

O. contracts and expenditures for services or items of tangible personal property to be paid or compensated by money or other property transferred to New Mexico law enforcement agencies by the United States department of justice drug enforcement administration;

P. contracts for retirement and other benefits pursuant to Sections 22-11-47 through 22-11-52 NMSA 1978;

Q. contracts with professional entertainers;

R. contracts and expenditures for litigation expenses in connection with proceedings before administrative agencies or state or federal courts, including experts, mediators, court reporters, process servers and witness fees, but not including attorney contracts;

S. contracts for service relating to the design, engineering, financing, construction and acquisition of public improvements undertaken in improvement districts pursuant to Subsection L of Section 3-33-14.1 NMSA 1978 and in county improvement districts pursuant to Subsection L of Section

4-55A-12.1 NMSA 1978;

T. works of art for museums or for display in public buildings or places;

U. contracts entered into by a local public body with a person, firm, organization, corporation or association or a state educational institution named in Article 12, Section 11 of the constitution of New Mexico for the operation and maintenance of a hospital pursuant to Chapter 3, Article 44 NMSA 1978, lease or operation of a county hospital pursuant to the Hospital Funding Act or operation and maintenance of a hospital pursuant to the Special Hospital District Act;

V. purchases of advertising in all media, including radio, television, print and electronic;

W. purchases of promotional goods intended for resale by the tourism department;

X. procurement of printing services for materials produced and intended for resale by the cultural affairs department;

Y. procurement by or through the public education department from the federal department of education relating to parent training and information centers designed to increase parent participation, projects and initiatives designed to improve outcomes for students with disabilities and other projects and initiatives relating to the administration of improvement strategy programs pursuant to the federal Individuals with Disabilities Education Act; provided that the exemption applies only to procurement of services not to exceed two hundred thousand dollars ($200,000);

Z. procurement of services from community rehabilitation programs or qualified individuals pursuant to

the State Use Act;

AA. purchases of products or services for eligible persons with disabilities pursuant to the federal Rehabilitation Act of 1973;

BB. procurement, by either the department of health or Grant county or both, of tangible personal property, services or construction that are exempt from the Procurement Code pursuant to Section 9-7-6.5 NMSA 1978;

CC. contracts for investment advisory services, investment management services or other investment-related services entered into by the educational retirement board, the state investment officer or the retirement board created pursuant to the Public Employees Retirement Act;

DD. the purchase for resale by the state fair commission of feed and other items necessary for the upkeep of livestock; and

EE. contracts entered into by the crime victims reparation commission to distribute federal grants to assist victims of crime, including grants from the federal Victims of Crime Act of 1984 and the federal Violence Against Women Act."

SECTION 8. Section 13-1-189 NMSA 1978 (being Laws 1984, Chapter 65, Section 162, as amended) is amended to read:

"13-1-l89. PROCUREMENTS PURSUANT TO THE CORRECTIONS INDUSTRIES ACT.--

A. All state agencies shall purchase and all local public bodies may purchase items of tangible personal property and services offered pursuant to the provisions of the Corrections Industries Act.

B. The corrections [industries commission] department shall prepare a catalogue containing an accurate and complete description of all items of tangible personal property and services available. A copy of the catalogue shall be provided to each state agency and local public body. The catalogue shall contain an approximate time required for delivery of each item of tangible personal property and service.

C. The state purchasing agent or a central purchasing office shall purchase available items of tangible personal property and services from the catalogue unless a determination is made that:

(1) an emergency exists requiring immediate action to procure the items of tangible personal property or service;

(2) the specifications for the items of tangible personal property or service, including quality, quantity and delivery requirements, cannot be met within a reasonable time by the corrections department; or

(3) the price to be paid to the corrections department for the items of tangible personal property or service is higher than the bid price of comparable items of tangible personal property or services."

SECTION 9. Section 15-3A-3 NMSA 1978 (being Laws 1989, Chapter 363, Section 3) is amended to read:

"15-3A-3. TRUST FUND CREATED--PURPOSES.--[There is created in the state treasury a permanent trust fund which shall be known as]

A. The "governor's residence preservation fund" is created as a nonreverting permanent trust fund in the state treasury. The fund shall consist of all gifts, donations and bequests of money to the [governor's residence advisory commission] fund as well as any appropriations made to the [commission] fund. Earnings from the investment of the fund shall be credited to the fund. Expenditure of the fund shall be [only for the purposes for which the commission was created and shall be] paid to the [commission] general services department upon vouchers signed by the [chairman of the commission] secretary of general services and warrants issued by the secretary of finance and administration.

B. The fund shall be used to:

(1) plan, assemble, dispose and acquire furnishings, art, landscaping materials and plans and other decorations for the public areas of the official residence of the governor;

(2) monitor and report on the status of maintenance of the governor's residence and recommend to the legislature actions necessary to repair, maintain and renovate the residence; and

(3) develop statewide interest in the residence and effect such measures as will enhance the governor's ability to provide appropriate hospitality to the visitors of the residence.

C. The general services department shall conduct a detailed inventory at the beginning of each governor's term and annually prepare and submit to the legislature and the governor a written inventory of and a statement on the condition of these public furnishings, art decorations and other items of the residence, as well as written statement on the condition of the residence as a whole.

D. The general services department may:

(1) use the assistance of the cultural affairs department, other state agencies and other persons in carrying out its duties; and

(2) accept on behalf of the state from any private or other public sources, money, gifts, donations and bequests for use in carrying out its duties."

SECTION 10. Section 20-8-2 NMSA 1978 (being Laws 1987, Chapter 318, Section 53, as amended) is amended to read:

"20-8-2. DEFINITIONS.--

A. "Armory" means any building, training area, warehouse, vehicle storage compound, organizational maintenance shop or other facility and the lands appurtenant thereto used by the national guard for the storage and maintenance of arms or military equipment or the administration or training of the national guard and state defense force personnel.

B. "Armory rental" means the casual rental of all or part of an armory facility to an individual or organization for a limited and specified purpose, duration and fee, which use is not in conflict with the ongoing occupancy and use of the armory by the national guard or state defense force.

C. "Local armory" means a particular armory by the name designation of the municipality or county commonly associated with it, including the armory building proper and any appurtenant facilities co-located with it.

[D. "Armory board council" means the advisory body comprised of the chairmen of all local armory boards, serving ex officio, and of the members of the state armory board, chaired by the adjutant general and convened semi-annually by the call of the state armory board to aid and advise that board in the formation of its regulations and policies.]"

SECTION 11. Section 20-8-3 NMSA 1978 (being Laws 1987, Chapter 318, Section 54, as amended) is amended to read:

"20-8-3. POWERS AND RESPONSIBILITIES.--The state armory board shall be empowered to:

A. act on behalf of the state in the exercise of its powers and responsibilities;

B. hold title to armories in its name on behalf of the state;

C. employ and maintain or retain technical, legal, administrative and clerical personnel, including an architect or engineer, a construction manager and a finance manager as deemed necessary by the board within its appropriated budget or federal reimbursement funds, as approved by itself and the department of finance and administration;

D. have control and supervision over the acquisition, construction, replacement, repair, alteration, improvement, furnishing, equipping, maintenance and operation of all armories and over all funds appropriated or obtained for those purposes;

E. acquire property deemed necessary for military purposes by purchase, exchange, lease, grant, gift or condemnation;

F. disregard the requirements of Sections 13-6-3 [15-3-20] and [15-3-23] 15-38-16 NMSA 1978;

G. borrow money for acquiring, constructing, replacing, repairing, altering, improving, furnishing, equipping and operating armories, as provided in Chapter 20, Article 8 NMSA 1978;

H. enter into contracts on behalf of the state with the United States or any of its agencies for the purpose of participating in any joint federal-state military construction for the purpose of receiving federal funds for military construction;

I. sell or exchange armory property when it determines the property is no longer necessary or suitable for military purposes; lease the property if its non-necessity or nonsuitability is determined to be temporary, but that any such lease shall be revocable at will should the adjutant general determine and declare military necessity and suitability, without liability against the state or the board being occasioned by the revocation; or to donate all or part of an armory property to the state, to a county or to a municipality pursuant to new or replacement armory acquisition or construction in the state;

J. guide, direct and supervise the local armory boards [the armory board council] and the state armory board fund;

K. delegate to local armory boards such powers as it deems appropriate, retaining the responsibility for proper supervision and accountability of the delegated powers;

L. regulate and audit armory rentals contracted by local armory boards;

M. submit an annual report to the governor, accounting for all state appropriated funds received and disbursed by it; and

N. meet quarterly or at the more frequent call of the adjutant general. The adjutant general shall prescribe and issue [regulations which he] rules that the adjutant general and the board deem appropriate for the operations of armories and for the exercise of powers by and the fulfillment of responsibilities of the board stated in Chapter 20, Article 8 NMSA 1978."

SECTION 12. Section 20-8-4 NMSA 1978 (being Laws 1987, Chapter 318, Section 55) is amended to read:

"20-8-4. LOCAL ARMORY BOARDS--MEMBERS.--[There are created] A local armory [boards] board is created for each local armory. The management and control of each local armory shall be the responsibility of its local armory board, subject to the guidance, direction and supervision of the state armory board. The senior commander of the national guard units occupying the armory, as [chairman] chair; one enlisted member serving in the armory, as secretary-treasurer; and one resident of the locality, who is not a member of the national guard, shall constitute the board for that locality. Discretionary appointments to each board shall be made by the adjutant general and shall be for [a term] terms of two years. Members shall serve without compensation but shall be paid per diem and mileage as provided in the Per Diem and Mileage Act. Each local armory board shall:

A. manage and control its local armory, subject to the guidance, supervision and direction of the state armory board and such [regulations] rules as the state armory board may promulgate;

B. maintain a local checking account;

C. administer and contract for armory rentals as it deems appropriate within [regulations] rules promulgated by the state armory board;

D. administer and account to the state armory board for all revenues therefrom;

E. transmit all revenues, less actual and reasonable expenses of the board and operations costs of its armory rentals, to the state armory board fund quarterly or more frequently;

F. report to the adjutant general annually, in September, on the physical condition of its local armory, including recommendations for improvements, repair and maintenance; and

G. participate in the semiannual meeting of the state armory board [council]."

SECTION 13. Section 21-22F-3 NMSA 1978 (being Laws 2005, Chapter 83, Section 3, as amended) is amended to read:

"21-22F-3. DEFINITIONS.--As used in the Public Service Law Loan Repayment Act:

[A. "committee" means the public service law advisory committee;

B.] A. "department" means the higher education department;

[C.] B. "legal education" means education at an accredited law school and any bar review preparation courses for the state bar examination;

[D.] C. "loan" means money allocated to defray the costs incidental to a legal education under a contract between the federal government or a commercial lender and a law school student, requiring either repayment of principal and interest or repayment in services;

[E.] D. "participating attorney" means an attorney who receives a loan repayment award from the department pursuant to the provisions of the Public Service Law Loan Repayment Act; and

[F.] E. "public service employment" means employment with:

(1) an organization that is exempt from taxation pursuant to Section 501(c)(3) of Title 26 of the United States Code and that provides for the care and maintenance of indigent persons in New Mexico through civil legal services;

(2) the public defender department; or

(3) a New Mexico district attorney's office."

SECTION 14. Section 22-15E-1 NMSA 1978 (being Laws 2007, Chapter 44, Section 1 and Laws 2007, Chapter 239, Section 1) is amended to read:

"22-15E-1. SHORT TITLE.--[This act] Chapter 22, Article 15E NMSA 1978 may be cited as the "Mathematics and Science Education Act"."

SECTION 15. Section 22-15E-2 NMSA 1978 (being Laws 2007, Chapter 44, Section 2 and Laws 2007, Chapter 239, Section 2) is amended to read:

"22-15E-2. DEFINITIONS.--As used in the Mathematics and Science Education Act:

A. "bureau" means the mathematics and science bureau; and

B. "chief" means the chief of the bureau [and

C. "council" means the mathematics and science advisory council]."

SECTION 16. Section 22-15E-3 NMSA 1978 (being Laws 2007, Chapter 44, Section 3 and Laws 2007, Chapter 239, Section 3) is amended to read:

"22-15E-3. BUREAU CREATED--DUTIES.--

A. The "mathematics and science bureau" is created in the department. The secretary shall appoint the chief as provided in the Public Education Department Act.

B. The bureau shall:

(1) administer the provisions of the Mathematics and Science Education Act;

[(2) provide staff support for and coordinate the activities of the council;

(3) work with the council to]

(2) develop a statewide strategic plan for mathematics and science education in the public schools and coordinate education activities with other state agencies, the federal government, business consortia and public or private organizations or other persons;

[(4)] (3) ensure that school districts' plans include goals for improving mathematics and science education aligned to the department's strategic plan;

[(5)] (4) recommend funding mechanisms that support the improvement of mathematics and science education in the state, including web-based mathematics and science curricula, mentoring and web-based homework assistance;

[(6)] (5) promote partnerships among public schools, higher education institutions, government, business and educational and community organizations to improve the mathematics and science education in the state;

[(7)] (6) develop and evaluate curricula, instructional programs and professional development programs in mathematics and science aligned with state academic content and performance standards; and

[(8)] (7) assess the outcomes of efforts to improve mathematics and science education using existing data."

SECTION 17. Section 24-1-28 NMSA 1978 (being Laws 2004, Chapter 46, Section 2, as amended) is amended to read:

"24-1-28. BEHAVIORAL HEALTH PLANNING COUNCIL CREATED--POWERS AND DUTIES--MEMBERSHIP.--There is created the "behavioral health planning council".

A. The council shall consist of [the following] no more than twenty members, all of whom shall be appointed by and serve at the pleasure of the governor, selected from the following groups:

(1) consumers of behavioral health services and consumers of substance abuse services, as follows:

(a) adults with serious mental illness;

(b) seniors;

(c) family members of adults with serious mental illness and of children with serious emotional or neurobiological disorders; and

(d) persons with co-occurring disorders;

(2) Native American representatives from a pueblo, an Apache tribe, the Navajo Nation and an urban Native American population;

(3) providers;

(4) state agency representation from among agencies responsible for:

(a) adult mental health and substance abuse;

(b) children's mental health and substance abuse;

(d) vocational rehabilitation;

(e) criminal justice;

(f) juvenile justice;

(g) housing;

(h) medicaid and social services;

(i) health policy planning;

(j) developmental disabilities planning; and

(k) disabilities issues and advocacy; and

[(5) such other members as the governor may appoint to ensure appropriate cultural and geographic representation; and

(6)] (5) advocates.

B. Providers and state agency representatives together may not constitute more than forty-nine percent of the council membership.

C. The council shall:

(1) advocate for adults, children and adolescents with serious mental illness or severe emotional, neurobiological and behavioral disorders, as well as those with mental illness or emotional problems, including substance abuse and co-occurring disorders;

(2) report annually to the governor and the legislature on the adequacy and allocation of mental health services throughout the state;

(3) encourage and support the development of a comprehensive, integrated, community-based behavioral health system of care, including mental health and substance abuse services, and services for persons with co-occurring disorders;

(4) advise state agencies responsible for behavioral health services for children and adults, as those agencies are charged in Section 9-7-6.4 NMSA 1978;

(5) meet [regularly and] no more than quarterly at the call of the chair, who shall be selected by the council membership from among its members;

(6) establish subcommittees, to meet at least quarterly, as follows:

(a) a medicaid subcommittee, chaired by the secretary of human services or a designee, which may also serve as a subcommittee of the medicaid advisory committee;

(b) a child and adolescent subcommittee, chaired by the secretary of children, youth and families or a designee;

(d) a substance abuse subcommittee, chaired by the secretary of health or a designee, which shall include DWI issues and shall include representation from local DWI councils;

(e) a Native American subcommittee, chaired by the secretary of Indian affairs or a designee; and

(f) other subcommittees as may be established by the chair of the council to address specific issues. All subcommittees may include nonvoting members appointed by the chair for purposes of providing expertise necessary to the charge of the respective subcommittee;

(7) review and make recommendations for the comprehensive mental health state block grant and the substance abuse block grant applications, the state plan for medicaid services and any other plan or application for federal or foundation funding for behavioral health services; and

(8) replace the governor's mental health planning council and act in accordance with Public Law 102-321 of the federal Public Health Service Act."

SECTION 18. Section 24-10B-5.1 NMSA 1978 (being Laws 1993, Chapter 161, Section 5, as amended) is amended to read:

"24-10B-5.1. LICENSING [COMMISSION ESTABLISHED].--

A. The [secretary shall appoint an "emergency medical services licensing commission", which shall be staffed by the bureau and composed of one lay person, three emergency medical technicians, one from each level of licensure, and three physicians, at least two of whom shall have expertise in emergency medicine and who are appointed from a list proposed by the New Mexico chapter of the American college of emergency physicians.

B. The composition of the emergency medical services licensing commission shall reflect geographic diversity and both public and private interests. The members shall serve for three-year staggered terms. The duties of and procedures for the emergency medical services licensing commission shall be delineated in rules promulgated pursuant to Subsection A of Section 24-10B-5 NMSA 1978. Such duties include] bureau shall:

(1) [providing] establish a forum for the receipt of public comment regarding emergency medical services licensing matters;

[(2) oversight of the bureau's licensure functions;

(3) receiving] (2) receive complaints, [directing] direct investigations and [authorizing] authorize the initiation of actions by the bureau regarding contemplated refusal to grant initial licensure and for disciplinary actions against licensees; and

[(4) the granting of] (3) grant waivers, for good cause shown, of rules pertaining to licensure renewal.

[C.] B. The [emergency medical services licensing commission] bureau may compel the production of books, records and papers pertinent to any investigation authorized by the Emergency Medical Services Act and may seek enforcement of any subpoena so issued through the district court in the county in which the custodian of the document is located in camera.

[D. The emergency medical services licensing commission shall meet as needed, but not less frequently than semiannually. The emergency medical services licensing commission shall be subject to the provisions of the Per Diem and Mileage Act.]"

SECTION 19. Section 24-19-3 NMSA 1978 (being Laws 1986, Chapter 15, Section 3, as amended) is amended to read:

"24-19-3. DEFINITIONS.--As used in the Children's Trust Fund Act:

A. "board" means the children's trust fund board of trustees;

B. "children's projects" means projects that provide services to children on a one-time, short-term demonstration basis, including services to their families, consistent with the purposes of the Children's Trust Fund Act;

[C. "council" means the next generation council;

D.] C. "department" means the children, youth and families department;

[E.] D. "next generation fund projects" means projects funded from the next generation fund that meet the requirements for funding provided in Section [5 of this 2005 act] 24-19-10 NMSA 1978; and

[F.] E. "secretary" means the secretary of children, youth and families."

SECTION 20. Section 24-19-8 NMSA 1978 (being Laws 1986, Chapter 15, Section 8, as amended) is amended to read:

"24-19-8. CHILDREN, YOUTH AND FAMILIES DEPARTMENT--ADDITIONAL POWERS AND DUTIES.--The department shall:

A. promulgate rules approved by the board;

B. transmit proposals for children's projects [to the board] and next generation fund projects to the [council] board for evaluation [and report on the proposals];

C. enter into contracts approved by the board to carry out the proposed children's project or next generation fund project, provided that:

(1) not more than fifty percent of the total funds distributed for any one fiscal year from the children's trust fund shall be allocated for any single children's project;

(2) not more than fifty percent of the total funds distributed for any one fiscal year from the next generation fund shall be allocated for any single next generation fund project;

(3) each children's project shall be funded for a specified period, not to exceed four years, and funds shall not be used for maintenance of ongoing or permanent efforts extending beyond the period specified, except that a children's project may be extended once for a period not to exceed the original, and the board shall approve rules providing procedures and guidelines for the preparation and approval of proposals for children's projects and providing for any other matter the board deems necessary for the administration of the Children's Trust Fund Act; and

(4) no contract shall be entered into if the department finds it contrary to law;

D. furnish the board [and the council] with the necessary technical and clerical assistance;

E. adopt standard contract provisions; and

F. report at least annually to the governor and the legislature on the progress of its work and the results of children's projects and next generation fund projects."

SECTION 21. Section 25-1-6 NMSA 1978 (being Laws 1977, Chapter 309, Section 6) is amended to read:

"25-1-6. [AGENCY] DIVISION--POWERS AND DUTIES.--[A.] The [agency] division is authorized and has the duty to execute any provisions of the Food Service Sanitation Act delegated to it under that act or by the board under authority of that act and specifically is directed to administer and enforce the provisions of [regulations] rules adopted under it.

[B. The director of the agency may appoint an advisory council composed of food service technicians to assist in carrying out the objectives of the Food Service Sanitation Act.]"

SECTION 22. Section 28-21-1 NMSA 1978 (being Laws 1999, Chapter 163, Section 1) is amended to read:

"28-21-1. SHORT TITLE.--[This act] Chapter 28, Article 21 NMSA 1978 may be cited as the "African American Affairs Act"."

SECTION 23. Section 28-21-3 NMSA 1978 (being Laws 1999, Chapter 163, Section 3) is amended to read:

"28-21-3. OFFICE CREATED--POWERS AND DUTIES.--

A. The "office on African American affairs" is created and attached administratively to the human services 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 [in cooperation with the Martin Luther King, Jr. commission] shall:

(1) study issues important to African Americans, including history and culture; education, scholarships and other financial assistance for education and career development; economic and social problems and issues such as jobs, housing, discrimination, family support, youth idleness and crime; and health care, maternal and child health, teen pregnancy, access and other health issues;

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

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

(4) develop a plan for the commemoration and celebration of the official legal holiday honoring Martin Luther King, Jr., including coordinating state plans and activities with federal plans and activities for the commemoration and celebration of Martin Luther King, Jr.'s birthday;

(5) develop, with other agencies of the state, an interpretive program that explores the historical, social, political and cultural themes associated with the life and works of Martin Luther King, Jr.;

(6) develop and acquire interpretive materials and publications on the significance of Martin Luther King, Jr.'s work and develop a commemorative program for state employees, school children and the general public;

[(4)] (7) direct the operations of the office;

[(5)] (8) where appropriate, conduct periodic conferences throughout the state to inform African Americans of the opportunities available to them through state and private sources, to encourage them to share their history and culture with other New Mexicans and participate in the social and political processes of their communities and to learn from conference participants their needs and problems; and

[(6)] (9) otherwise act as an advocate for African American citizens of New Mexico.

D. Additionally, the office shall:

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

(2) function as the coordinating office for all services and activities of state agencies and programs pertaining to African Americans;

(3) encourage funding and implementation of training programs and other opportunities for African Americans;

(4) promote and develop programs about community resources designed to meet the needs of African Americans;

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

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

E. The office may:

(1) adopt and promulgate rules in accordance with 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 24. Section 28-21-4 NMSA 1978 (being Laws 1999, Chapter 163, Section 4) is amended to read:

"28-21-4. FUND CREATED--ADMINISTRATION.--

A. The "office on African American affairs fund" is created in the state treasury. The fund shall consist of gifts, grants, donations and bequests. Money in the fund at the end of any fiscal year shall not revert. The fund shall be administered by the office, and disbursements from the fund shall be made on warrant drawn by the secretary of finance and administration pursuant to vouchers signed by the director of the office or [his] the director's authorized representative.

B. The "Martin Luther King, Jr. fund" is created in the state treasury and shall consist of appropriations, gifts, grants, donations and bequests. Money from the fund shall be disbursed upon warrant of the secretary of finance and administration pursuant to vouchers submitted by the director or the director's authorized representative."

SECTION 25. Section 32A-16-1 NMSA 1978 (being Laws 1989, Chapter 290, Section 1, as amended) is amended to read:

"32A-16-1. OFFICE CREATED--DIRECTOR APPOINTED.--The "office of child development" is created within the [children, youth and families] department. The executive and administrative head of the office of child development is the "director of child development". The director shall be appointed by the secretary of children, youth and families [based upon the recommendations of the child development board]."

SECTION 26. Section 32A-16-2 NMSA 1978 (being Laws 1989, Chapter 290, Section 2, as amended) is amended to read:

"32A-16-2. DIRECTOR--DUTIES.--The director of child development shall:

A. employ and discharge personnel necessary for the operation of the office of child development;

[B. carry out the policies of the child development board;

C.] B. prepare financial reports and budget requests for presentation to the [children, youth and families] department;

[D. administrate the] C. administer licensure procedures and program criteria; [developed by the child development board;

E.] D. assure and work to foster coordination between all state agencies dealing with [childcare] child care; and

[F.] E. identify all sources of child development licensure preparation and training, disseminate information and coordinate resources to meet child development licensure and training needs."

SECTION 27. 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] OFFICE.--The office of child development [board] shall:

[A. recommend to the secretary of children, youth and families the hiring of a director of child development;

B.] A. consider and adopt licensure requirements, policies and procedures for [individuals] persons working in licensed or registered health facilities with children from birth to age five; provided that such licensure requirements shall not apply to [individuals] persons working in group homes pursuant to Section 9-8-13 NMSA 1978;

[C.] B. 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.] C. 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;

F.] D. 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] person is employed;

[G.] E. 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.] F. 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.] G. work with other state agencies to monitor the implementation of state-funded preschool program criteria."

SECTION 28. Section 33-8-1 NMSA 1978 (being Laws 1981, Chapter 127, Section 1) is amended to read:

"33-8-1. SHORT TITLE.--[Sections 1 through 15 of this act] Chapter 33, Article 8 NMSA 1978 may be cited as the "Corrections Industries Act"."

SECTION 29. Section 33-8-2 NMSA 1978 (being Laws 1981, Chapter 127, Section 2, as amended) is amended to read:

"33-8-2. DEFINITIONS.--As used in the Corrections Industries Act:

[A. "commission" means the corrections industries commission;

B.] A. "department" means the corrections department;

[C.] B. "enterprise" means a manufacturing, agricultural or service operation or group of closely related operations within the bounds of a facility but does not include standard facility maintenance activities and services;

[D.] C. "facility" means a place under the jurisdiction of the department at which individuals are confined pursuant to court order;

[E.] D. "fund" means the corrections industries revolving fund;

[F.] E. "local public body" means all political subdivisions of the state and their agencies, instrumentalities and institutions supported wholly or in part by funds derived from public taxation; and

[G.] F. "state agency" means the state or any of its branches, agencies, departments, boards, instrumentalities or institutions supported wholly or in part by funds derived from public taxation."

SECTION 30. Section 33-8-6 NMSA 1978 (being Laws 1981, Chapter 127, Section 6, as amended) is amended to read:

"33-8-6. [COMMISSION] DEPARTMENT--POWERS AND DUTIES.--The [commission] department has the [following] powers and duties to:

A. determine those enterprises to be conducted in facilities in such volume, kind and place as to eliminate unnecessary inmate idleness at all facilities and to provide diversified work activities that will serve as a means of enhancing vocational skills;

B. determine whether any enterprise should be established, expanded, diminished or discontinued;

C. establish policy with respect to the conduct of all enterprises;

D. approve the prices at which all services and products provided, manufactured, produced or harvested by enterprises shall be furnished; provided that the prices shall be as near the prevailing market price as possible. As used in this subsection, "prevailing market price" means the prevailing price that an equivalent product or service would have if purchased by a state agency or local public body from community sources. The [commission] department shall include data provided by the state purchasing [division of the general services department] agent in the price determination process. Compensation paid to inmates shall be included as an item of the cost in fixing prices;

E. consult regularly and continuously with state agencies and local public bodies in order to develop new enterprise products, adapt existing enterprise products and establish new service functions to meet their needs;

F. act as liaison with private industry, organized labor, the legislature and the general public;

G. obtain and provide technical assistance for enterprise programs;

[H. hold meetings at such times and for such periods as it deems essential, but not less than quarterly;

I. recommend to the department the adoption of rules necessary to carry out the provisions of the Corrections Industries Act;

J.] H. notwithstanding any other provision of law, adopt policies and procedures that permit an enterprise to make a single purchase of raw materials involving the expenditure of twelve thousand dollars ($12,000) or less without bids and at the best obtainable price whether or not the provider is the holder of a preexisting state contract for the particular product. Records of such purchases shall be maintained for an auditor's inspection [and reported at the next scheduled commission meeting]. Separate purchases of the same or similar materials from the same or different suppliers at the same time or about the same time where each purchase does not exceed twelve thousand dollars ($12,000), but the aggregate of such purchases exceeds twelve thousand dollars ($12,000), shall be considered a single purchase involving more than twelve thousand dollars ($12,000);

[K.] I. notwithstanding any other provision of law, adopt policies and procedures that permit an enterprise to make a single purchase of a product or service other than raw materials involving the expenditure of two thousand dollars ($2,000) or less without bids and at the best obtainable price whether or not the provider is the holder of a preexisting state contract for the particular product or service. Records of such purchases shall be maintained for an auditor's inspection [and reported at the next scheduled commission meeting]. Separate purchases of the same or similar materials or services from the same or different suppliers at the same time or about the same time where each purchase does not exceed two thousand dollars ($2,000), but the aggregate of such purchases exceeds two thousand dollars ($2,000), shall be considered a single purchase involving more than two thousand dollars ($2,000);

[L.] J. review, approve, adopt and monitor an annual budget for all enterprises. The budget process shall include a projected profit analysis, sales forecast and anticipated year-end financial forecast;

[M. submit and recommend the names of one or more qualified individuals to the secretary of corrections for appointment as director of the corrections industries division;

N. advise the director of the corrections industries division in the management and control of the corrections industries division;

O.] K. assist in the process of inmate occupational placement upon release from confinement by coordination with the parole board and the field services division; and

[P.] L. prepare an annual report to the governor and the legislature that contains:

(1) a detailed financial statement for each enterprise in each facility;

(2) a detailed financial statement of the fund;

(3) reasons for establishing or terminating enterprises;

(4) a summary of plans to develop additional enterprises;

(5) the number of inmates employed in each enterprise;

(6) the number of idle inmates available for work at each facility; and

(7) any further information requested by the governor or the legislature."

SECTION 31. Section 33-8-7 NMSA 1978 (being Laws 1981, Chapter 127, Section 7) is amended to read:

"33-8-7. CORRECTIONS INDUSTRIES REVOLVING FUND CREATED.--[There is created in the state treasury a fund which shall be administered by the department secretary as directed by the commission and which shall be known as] The "corrections industries revolving fund" is created as a nonreverting fund in the state treasury. The corrections department shall administer the fund. All income, receipts and earnings from the operation of enterprises shall be credited to the fund. Money deposited in the fund shall be used only to meet necessary expenses incurred in the maintenance, operation and expansion of existing enterprises and in the establishment, maintenance, operation and expansion of new enterprises. All interest earned on money in the fund shall be credited to the fund. [No part of the fund shall revert at the end of any fiscal year.] Money in the fund shall be expended by warrant of the secretary of finance and administration on vouchers signed by the secretary of corrections or the secretary of corrections' authorized representative."

SECTION 32. Section 33-8-8 NMSA 1978 (being Laws 1981, Chapter 127, Section 8, as amended) is amended to read:

"33-8-8. INMATE COMPENSATION.--

A. The [commission] department shall establish and periodically review a plan for compensation to inmates engaged in enterprise programs and public works. The compensation shall be in accordance with a graduated schedule based on work conduct, performance, experience, skills and responsibilities. Compensation shall be paid from the fund and credited to the general account of the inmate except as provided by Subsection C of this section. An inmate may draw against [his] the inmate's general account during [his] confinement through the use of coupons, canteen checks or similar plans.

B. Pursuant to the provisions of Article 20, Section 15 of the constitution of New Mexico, if an inmate has a dependent family, [his] the inmate's net compensation shall be paid to [his] the inmate's family if necessary for its support. The department shall make diligent effort to determine those inmates who have dependent families in need of support.

C. The department shall promulgate necessary rules [and regulations]:

(1) to implement the provisions of Subsection B of this section in a thorough and equitable manner; and

(2) except as provided in Subsection D of this section, to provide for deductions from inmate compensation for victim restitution, reasonable costs incident to confinement and for discharge money upon release from confinement.

D. The deductions provided by [this] Subsection C of this section shall apply to inmate compensation, including payments pursuant to Section 33-2-26 NMSA 1978; wages earned pursuant to the provisions of Section 33-8-13 NMSA 1978; wages earned in work projects certified pursuant to the federal private-sector prison industry enhancement certification program; and [to] wages earned in inmate-release programs [provided that]. The deductions provided by [this] Paragraph (2) of Subsection C of this section shall not exceed fifty percent of net compensation, payment or wages and [that] the deduction for victim restitution shall be not less than fifteen percent of net compensation, payment or wages. If the court has not ordered victim restitution, the deduction for victim restitution shall be transmitted to the state treasurer for credit to the crime victims reparation fund."

SECTION 33. Section 33-8-12.2 NMSA 1978 (being Laws 1985 (1st S.S.), Chapter 7, Section 3) is amended to read:

"33-8-12.2. CORRECTIONS INDUSTRIES SALES REPRESENTATIVES.--

A. The secretary of corrections may employ [individuals] persons necessary to serve as sales representatives for the marketing of goods and services produced or assembled through the corrections industries division and who shall be classified personnel and be paid in accordance with a [commission-based] department-based incentive compensation plan approved by the personnel board for sales to purchasers other than state agencies and local public bodies not to exceed two percent [(2%)].

B. The secretary of corrections may contract with persons or business entities to serve on an independent contractor basis as sales representatives for marketing goods or services produced or assembled through the corrections industries division."

SECTION 34. Section 33-8-13 NMSA 1978 (being Laws 1981, Chapter 127, Section 13) is amended to read:

"33-8-13. PRIVATE INDUSTRY ON FACILITY GROUNDS.--

A. The department [secretary, upon recommendation of the commission] may lease real property on the grounds of any facility and may provide for reasonable access to and egress from the leased property to a private commercial industry for the purpose of establishing and operating a factory for the manufacture and processing of products or to any other commercial industry deemed by the [commission] department to be consistent with the purposes of the Corrections Industries Act.

B. Any agreement entered into pursuant to this section shall provide that:

(1) all persons employed in the enterprise, except administrative, supervisory and training personnel, shall be inmates of the facility where the leased property is located who volunteer for employment and who are approved for such employment by the [superintendent] warden of that facility;

(2) the enterprise shall at all times observe practices and procedures regarding security as the lease may specify or as the facility [superintendent] warden may temporarily stipulate during periods of emergency; and

(3) the enterprise shall be deemed a private enterprise and subject to all laws governing the operation of similar private business enterprises; provided that the provisions of the Unemployment Compensation Law shall not apply to inmate employees."

SECTION 35. Section 60-2A-2 NMSA 1978 (being Laws 1980, Chapter 90, Section 2, as amended) is amended to read:

"60-2A-2. DEFINITIONS.--As used in the Professional Athletic Competition Act:

A. "board" means the [medical advisory board] department;

B. "commission" means the [New Mexico athletic commission] department;

C. "contestant" means a person who engages in unarmed combat for remuneration;

D. "department" means the regulation and licensing department;

E. "foreign co-promoter" means a promoter who has no place of business in this state;

F. "manager":

(1) means a person who:

(a) undertakes to represent the interests of another person by contract, agreement or other arrangement in procuring, arranging or conducting a professional contest or exhibition in which the represented person will participate as a contestant;

(b) directs or controls the activities of an unarmed combatant relating to the participation of the unarmed combatant in professional contests or exhibitions;

(c) receives or is entitled to receive at least ten percent of the gross purse or gross income of any professional unarmed combatant for services relating to the participation of the unarmed combatant in a professional contest or exhibition; or

(d) receives compensation for services as an agent or representative of an unarmed combatant; and

(2) does not include an attorney who is licensed to practice law in this state if the attorney's participation in any of the activities described in Paragraph (1) of this subsection is limited solely to the legal representation of a client who is an unarmed combatant;

G. "professional boxer" or "professional wrestler" means an individual who competes for money, prizes or purses or who teaches, pursues or assists in the practice of boxing, wrestling or martial arts as a means of obtaining a livelihood or pecuniary gain;

H. "professional contest" means any professional boxing, wrestling or martial arts contest or exhibition, whether or not an admission fee is charged for admission of the public;

I. "promoter" means any person, and in the case of a corporate promoter includes any officer, director or stockholder of the corporation, who produces or stages any professional boxing, wrestling or martial arts contest, exhibition or closed circuit television show;

J. "purse" means the financial guarantee or any other remuneration, or part thereof, for which professional boxers or professional wrestlers are participating in a contest or exhibition and includes the participant's share of any payment received for radio broadcasting, television or motion picture rights;

K. "ring official" means any person who performs an official function during the progress of a contest or exhibition;

L. "unarmed combat" means boxing, wrestling, martial arts or any form of competition in which a blow is usually struck that may reasonably be expected to inflict injury; and

M. "unarmed combatant" means:

(1) a person who engages in unarmed combat in a contest or exhibition, whether or not the person receives remuneration, including a wrestler, boxer, mixed martial artist or other contestant; or

(2) an amateur boxer who is registered with United States amateur boxing, incorporated, or any other amateur organization recognized by the [commission] department and participates in an amateur boxing contest or exhibition in the state that is registered and sanctioned by United States amateur boxing, incorporated or golden gloves of America."

SECTION 36. Section 60-2A-4 NMSA 1978 (being Laws 1980, Chapter 90, Section 4, as amended) is amended to read:

"60-2A-4. [CHAIRMAN] RULES.--

[A. The commission shall elect annually in December a chairman and such other officers as it deems necessary. The commission shall meet as often as necessary for the conduct of business, but no less than twice a year. Meetings shall be called by the chairman or upon the written request of three or more members of the commission. Three members, at least one of whom is a public member, shall constitute a quorum.

B. The commission] A. The department may adopt, purchase and use a seal for purposes of the Professional Athletic Competition Act.

[C. The commission] B. The department may adopt rules, subject to the provisions of the State Rules Act, for the administration of the Professional Athletic Competition Act not inconsistent with the provisions of [the Professional Athletic Competition] that act. The rules shall include but not be limited to the:

(1) number and qualifications of ring officials required in a professional contest;

(2) powers, duties and compensation of ring officials; and

(3) qualifications of licensees.

[D. The commission] C. The department shall prepare all forms of contracts between sponsors, licensees, promoters and contestants."

SECTION 37. Section 66-7-503 NMSA 1978 (being Laws 1978, Chapter 35, Section 490, as amended) is amended to read:

"66-7-503. DEFINITIONS.--As used in the Traffic Safety Act:

A. "bureau" means the traffic safety bureau of the department;

B. "chief" means the administrative head of the bureau;

[C. "committee" means the advisory committee to the bureau;] and

[D.] C. "department" means the [state highway and] department of transportation [department]."

SECTION 38. Section 66-7-511 NMSA 1978 (being Laws 1978, Chapter 35, Section 498) is amended to read:

"66-7-511. ACCEPTANCE OF GIFTS [FUNCTION OF ADVISORY COMMITTEE].--[A.] The bureau, with the approval of the governor, may accept on behalf of the state any gift, grant or money given to the bureau for any and all purposes specified in the Traffic Safety Act. Any special grant shall be held by the state treasurer in a special fund and shall be expended in accordance with the terms of the gift or grant upon proper voucher and warrant drawn by the director [of his] or the director's designated agent.

[B. The advisory committee, upon the call of the chairman, shall convene and shall undertake the study and evaluation of all applications for federal grants pertaining to traffic safety programs or affairs. The advisory committee shall make its findings and recommendations available to the chief in the form of minutes or written report, whereupon the committee shall adjourn awaiting the call of the chair.]"

SECTION 39. REPEAL--AGRICULTURE.--The rangeland protection advisory committee, Section 76-7B-5 NMSA 1978 (being Laws 1985, Chapter 53, Section 5) is repealed.

SECTION 40. REPEAL--CULTURAL AFFAIRS ENTITIES.--The following are repealed:

A. New Mexico Film Museum Act, Sections 18-14-1 through 18-14-6 NMSA 1978 (being Laws 2003, Chapter 250, Sections 1 through 6, as amended);

B. Fort Stanton development commission, Sections 9-6-12 through 9-6-14 NMSA 1978 (being Laws 2003, Chapter 126, Sections 1 through 3);

C. Intertribal Ceremonial Act, Sections 9-15C-1 through 9-15C-5 NMSA 1978 (being Laws 2005, Chapter 219, Sections 1 through 5, as amended);

D. Martin Luther King, Jr. commission, Sections 28-19-1 through 28-19-4 NMSA 1978 (being Laws 1991, Chapter 252, Sections 1 through 4); and

E. Music Commission Act, Sections 18-16-1 through 18-16-4 NMSA 1978 (being Laws 2009, Chapter 13, Sections 1 through 4).

SECTION 41. REPEAL--EDUCATION ENTITIES.--The following are repealed:

A. higher education advisory board, Section 9-25-10 NMSA 1978 (being Laws 2005, Chapter 289, Section 10);

B. public service law advisory committee, Section 21-22F-8 NMSA 1978 (being Laws 2005, Chapter 83, Section 8);

C. mathematics and science advisory council, Sections 22-15E-4 and 22-15E-5 NMSA 1978 (being Laws 2007, Chapter 44, Sections 4 and 5 and also Laws 2007, Chapter 239, Sections 4 and 5); and

D. family and youth resource advisory committee, Section 22-2D-2 NMSA 1978 (being Laws 2003, Chapter 153, Section 65).

SECTION 42. REPEAL--GENERAL GOVERNMENT ENTITIES.--The following are repealed:

A. alternative dispute prevention and resolution advisory council, Sections 12-8A-6 and 12-8A-7 NMSA 1978 (being Laws 2007, Chapter 206, Sections 6 and 7);

B. governor's residence advisory commission, Sections 15-3A-1 and 15-3A-2 NMSA 1978 (being Laws 1989, Chapter 363, Sections 1 and 2);

C. private equity investment advisory committee, Section 6-8-20 NMSA 1978 (being Laws 1987, Chapter 219, Section 3, as amended); and

D. state procurement standards and specifications committee, Sections 13-1-162 and 13-1-163 NMSA 1978 (being Laws 1984, Chapter 65, Sections 135 and 136).

SECTION 43. REPEAL--HEALTH AND HUMAN SERVICES ENTITIES.--The following are repealed:

A. child development board, Section 32A-16-3 NMSA 1978 (being Laws 1989, Chapter 290, Section 3);

B. children, youth and families advisory committee, Section 9-2A-12 NMSA 1978 (being Laws 1992, Chapter 57, Section 12, as amended);

C. interagency coordinating group, Section 9-2A-13 NMSA 1978 (being Laws 1992, Chapter 57, Section 13, as amended);

D. Children's Cabinet Act, Sections 32A-22-1 through 32A-22-4 NMSA 1978 (being Laws 2005, Chapter 64, Sections 1 through 4);

E. compulsive gambling council, Section 9-7-11.4 NMSA 1978 (being Laws 2006, Chapter 8, Section 1);

F. health care providers licensing and credentialing task force, Section 9-7-11.3 NMSA 1978 (being Laws 2003, Chapter 235, Section 2);

G. governor's HIV and AIDS policy commission, Section 24-1-29 NMSA 1978 (being Laws 2005, Chapter 5, Section 1);

H. individual development account council, Section 58-30-6 NMSA 1978 (being Laws 2003, Chapter 362, Section 6, as amended);

I. medical advisory committee, Section 24-1F-4 NMSA 1978 (being Laws 2005, Chapter 6, Section 4);

J. next generation council, Section 24-19-11 NMSA 1978 (being Laws 2005, Chapter 65, Section 7);

K. pain management advisory council, Section 24-2D-5.2 NMSA 1978 (being Laws 2005, Chapter 140, Section 3); and

L. New Mexico Telehealth and Health Information Technology Commission Act, Sections 24-1G-1 through 24-1G-4 NMSA 1978 (being Laws 2005, Chapter 55, Sections 1 through 4, as amended).

SECTION 44. REPEAL--INSTRUMENTALITIES.--The following are repealed:

A. Exposition Center Authority Act, Sections 6-25A-1 through 6-25A-23 NMSA 1978 (being Laws 2005, Chapter 342, Sections 1 through 23);

B. Historic Landscape Act, Sections 18-13-1 through 18-13-7 NMSA 1978 (being Laws 2003, Chapter 234, Sections 1 through 7); and

C. Industrial and Agricultural Finance Authority Act, Sections 58-24-1 through 58-24-24 NMSA 1978 (being Laws 1983, Chapter 300, Sections 1 through 23 and 27, as amended).

SECTION 45. REPEAL--MILITARY AFFAIRS.--The veterans' services advisory board, Section 9-22-15 NMSA 1978 (being Laws 2004, Chapter 19, Section 15), is repealed.

SECTION 46. REPEAL--PUBLIC SAFETY AND CRIMINAL JUSTICE ENTITIES.--The following are repealed:

A. alcohol server education advisory committee, Sections 60-6E-11 and 60-6E-12 NMSA 1978 (being Laws 1999, Chapter 277, Sections 12 and 13);

B. corrections industries commission, Section 33-8-5.1 NMSA 1978 (being Laws 2005, Chapter 23, Section 1); and

C. Organized Crime Act, Sections 29-9-1 through 29-9-11 and 29-9-17 NMSA 1978 (being Laws 1973, Chapter 225, Sections 1 through 3, Laws 1977, Chapter 215, Section 3, Laws 1973, Chapter 225, Sections 4, 6 and 7, Laws 1977, Chapter 215, Section 6, Laws 1973, Chapter 225, Sections 9 and 10 and Laws 1977, Chapter 215, Section 8, as amended).

SECTION 47. REPEAL--SPORTS ENTITIES.--The following are repealed:

A. New Mexico athletic commission and medical advisory board, Sections 60-2A-3, 60-2A-7 and 60-2A-30 NMSA 1978 (being Laws 1980, Chapter 90, Sections 3, 7 and 30, as amended);

B. Bicycle Racing Act, Sections 60-2D-1 through 60-2D-18 NMSA 1978 (being Laws 1991, Chapter 233, Sections 1 through 18); and

C. sports advisory committee, Section 9-15A-11 NMSA 1978 (being Laws 2007, Chapter 286, Section 3 and Laws 2007, Chapter 287, Section 3).

SECTION 48. REPEAL--TRANSPORTATION.--The traffic safety bureau advisory committee, Section 66-7-505 NMSA 1978 (being Laws 1978, Chapter 35, Section 492, as amended), is repealed.

SECTION 49. TEMPORARY PROVISION--TRANSFER--MARTIN LUTHER KING, JR. COMMISSION.--On July 1, 2011, all appropriations, money, furniture, equipment and other property of the Martin Luther King, Jr. commission are transferred to the office on African American affairs. All contractual obligations of the commission are binding on the office. All references in law to the commission shall be deemed to be references to the office on African American affairs.

SECTION 50. TEMPORARY PROVISION--DUTIES, RULES, CONTRACTUAL OBLIGATIONS AND STATUTORY REFERENCES OF THE NEW MEXICO ATHLETIC COMMISSION AND THE MEDICAL ADVISORY BOARD TO REGULATION AND LICENSING DEPARTMENT.--On July 1, 2011, all functions, appropriations, money, furniture, equipment and other property of the New Mexico athletic commission and the medical advisory board of the commission are transferred to the regulation and licensing department. All rules of the New Mexico athletic commission and the medical advisory board shall remain in force unless the regulation and licensing department repeals or amends them. All contractual obligations of the New Mexico athletic commission and the medical advisory board are binding on the regulation and licensing department. All references in law to the New Mexico athletic commission and the medical advisory board shall be deemed to be references to the regulation and licensing department. All references in law to the executive secretary of the New Mexico athletic commission or the chairman of the commission shall be deemed to be references to the superintendent of regulation and licensing or the superintendent's designee.

SECTION 51. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2011.

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