SENATE BILL 296

50th legislature - STATE OF NEW MEXICO - second session, 2012

INTRODUCED BY

Mark Boitano

AN ACT

RELATING TO DOMESTIC AFFAIRS; CREATING THE NEW MEXICO FAMILY PRESERVATION COMMISSION.

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

     SECTION 1. SHORT TITLE.--This act may be cited as the "New Mexico Family Preservation Commission Act".

     SECTION 2. FINDINGS AND PURPOSE.--

          A. The legislature finds that:

                (1) a key to economic recovery in New Mexico is a healthy, stable and well-educated work force;

                (2) it is the policy of the state to support intact and functioning families, to strengthen families and to help halt the breakup of the nuclear family;

                (3) research shows that the social, educational, health and economic outcomes of children in healthy two-parent families are better than those living in single-parent households;

                (4) the percentage of children living in poverty in New Mexico is twenty-five and one-half percent, higher than the national average;

                (5) New Mexico has among the highest rates in the nation of teen pregnancy, low education outcomes, juvenile crime and women and children living in poverty; and

                (6) children born to single mothers are more than three and one-half times as likely to be poor as children raised by their two biological parents.

          B. The purpose of this act is to create a commission to explore ways that state and local governments can be more effective and partner with private organizations to:

                (1) encourage engaged fatherhood, family formation, healthy marriages and best practices for relationships;

                (2) create better social, educational, health and economic outcomes for children by strengthening fragile families in New Mexico;

                (3) reduce the rate of unnecessary divorces in New Mexico;

                (4) measure the effectiveness of existing programs that serve children and families using established measures, including assessing the impact of policies and programs on families;

                (5) reduce teen pregnancy; and

                (6) evaluate existing child custody and child support laws.

     SECTION 3. NEW MEXICO FAMILY PRESERVATION COMMISSION CREATED--MEMBERSHIP--DUTIES.--

          A. The "New Mexico family preservation commission" is created and is administratively attached to the children, youth and families department.

          B. The New Mexico family preservation commission shall consist of the following members, including:

                (1) a representative from the office of the governor appointed by the governor;

                (2) a state senator appointed by the senate president pro tempore;

                (3) a state representative appointed by the speaker of the house of representatives;

                (4) the secretary of children, youth and families or the secretary's designee;

                (5) the secretary of human services or the secretary's designee;

                (6) a representative from the judiciary appointed by the governor;

                (7) an epidemiologist from the department of health; and

                (8) seven members appointed by the governor from the public and private sector, including family studies departments at state institutions of higher education and community and faith-based organizations, who have expertise on issues related to marriage, families and children and to increasing the social, educational, health and economic outcomes for children and families.

           C. The appointed members of the New Mexico family preservation commission shall serve at the pleasure of the governor, and the members' appointments shall be reviewed at the commencement of each gubernatorial term. The governor shall designate one member as the chair, and the position of the chair shall be limited by a term of two years.

          D. The New Mexico family preservation commission shall meet, pursuant to the Open Meetings Act, at the call of the chair at least six times annually. For the purposes of conducting business, a majority of the members of the commission constitutes a quorum.

          E. The New Mexico family preservation commission shall:

                (1) advise the governor and the legislature on ways to improve the social, educational, health and economic well-being of the people of New Mexico by encouraging family formation, strengthening marriages and family units and reducing the incidence of single parenting;

                (2) review and analyze all laws, rules, programs and policies of the state that pertain to marriage licensing; marital dissolution; public assistance, including temporary assistance for needy families; education; child custody; and other public services to ensure that those services do everything possible to promote healthy marriages and engaged fatherhood and to provide support for children;

                (3) increase public awareness of the problems of families, including divorce, violence, poverty, substance abuse and lack of access to community systems and support;

                (4) analyze and propose programs, policies, initiatives, incentives and community-based partnerships, including those that may be funded by temporary assistance for needy families, that may be utilized or developed to:

                     (a) encourage and support healthy, long-term marriages;

                     (b) encourage the formation and maintenance of two-parent families;

                     (c) analyze ways to reduce the incidence of births to single parents;

                     (d) strengthen existing families; teach marriage, communication, conflict resolution and parenting skills; and help couples to understand gender differences;

                     (e) encourage postponing parenthood until after both parents have attained post-secondary education or job training; and

                     (f) promote responsible fatherhood;

                (6) analyze the policy considerations and issues involved in encouraging or requiring counseling or mediation prior to divorce and providing such counseling or mediation with public funds; and

                (7) report annually before October 1 to an appropriate legislative interim committee and the governor on marriage issues.

     SECTION 4. TERMINATION OF AGENCY LIFE--DELAYED REPEAL.--The New Mexico family preservation commission is terminated on July 1, 2016 pursuant to the provisions of the Sunset Act. The commission shall continue to operate according to the provisions of the New Mexico Family Preservation Commission Act until July 1, 2017. Effective July 1, 2017, the New Mexico Family Preservation Commission Act is repealed.

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