HOUSE BILL 361

51st legislature - STATE OF NEW MEXICO - first session, 2013

INTRODUCED BY

Sharon Clahchischilliage

AN ACT

RELATING TO STATE-TRIBAL COLLABORATION; AMENDING THE STATE-TRIBAL COLLABORATION ACT TO INVOLVE LEGISLATORS.

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

     SECTION 1. Section 11-18-3 NMSA 1978 (being Laws 2009, Chapter 15, Section 3) is amended to read:

     "11-18-3. COLLABORATION WITH INDIAN NATIONS, TRIBES OR PUEBLOS AND WITH LEGISLATORS.--

          A. By December 31, 2009, every state agency shall develop and implement a policy that:

                (1) promotes effective communication and collaboration between the state agency and Indian nations, tribes or pueblos;

                (2) promotes positive government-to-government relations between the state and Indian nations, tribes or pueblos;

                (3) promotes cultural competency in providing effective services to American Indians or Alaska Natives; and

                (4) establishes a method for notifying employees of the state agency of the provisions of the State-Tribal Collaboration Act and the policy that the state agency adopts pursuant to this section.

          B. In the process of developing the policy set forth in Subsection A of this section, state agencies shall consult with representatives designated by the Indian nations, tribes or pueblos and with legislators.

          C. A state agency shall make a reasonable effort to collaborate with Indian nations, tribes or pueblos and with legislators in the development and implementation of policies, agreements and programs of the state agency that directly affect American Indians or Alaska Natives.

          D. The Indian affairs department shall maintain for public reference an updated list of the names and contact information for the chief executives of the Indian nations, tribes or pueblos and for the state agency tribal liaisons.

          E. Every state agency shall designate a tribal liaison, who reports directly to the office of the head of the state agency, to:

                (1) assist the head of the state agency with developing and ensuring the implementation of the policy as set forth in Subsection A of this section;

                (2) serve as a contact person who shall maintain ongoing communication between the state agency and affected Indian nations, tribes or pueblos; and

                (3) ensure that training is provided to the staff of the state agency as set forth in Subsection B of Section [4 of the State-Tribal Collaboration Act] 11-18-4 NMSA 1978. Nothing in this subsection shall preclude tribal liaisons from providing or facilitating additional training."

     SECTION 2. Section 11-18-4 NMSA 1978 (being Laws 2009, Chapter 15, Section 4) is amended to read:

     "11-18-4. ANNUAL SUMMIT--TRAINING OF STATE EMPLOYEES--ANNUAL REPORTS.--

          A. At least once a year, during the third quarter of the state's fiscal year, the governor shall meet with the leaders of Indian nations, tribes and pueblos and with legislators in a state-tribal summit to address issues of mutual concern.

          B. All state agency managers and employees who have ongoing communication with Indian nations, tribes or pueblos shall complete a training provided by the state personnel office with assistance from the Indian affairs department, which training supports:

                (1) the promotion of effective communication and collaboration between state agencies and Indian nations, tribes or pueblos;

                (2) the development of positive state-tribal government-to-government relations; and

                (3) cultural competency in providing effective services to American Indians or Alaska Natives.

          C. No later than July 31 of every year, a state agency shall submit a report to the Indian affairs department on the activities of the state agency pursuant to the

State-Tribal Collaboration Act, and the Indian affairs department shall compile all such reports for submittal to the governor and to the legislature. The report shall include:

                (1) the policy the state agency adopted pursuant to the State-Tribal Collaboration Act;

                (2) the names of and contact information for the individuals in the state agency who are responsible for developing and implementing programs of the state agency that directly affect American Indians or Alaska Natives;

                (3) the current and planned efforts of the state agency to implement the policy set forth in Subsection A of Section [3 of the State-Tribal Collaboration Act] 11-18-3 NMSA 1978;

                (4) a certification by the state personnel office of the number of managers and employees of each state agency who have completed the training required by Subsection B of this section;

                (5) a description of current and planned programs and services provided to or directly affecting American Indians or Alaska Natives and the amount of funding for each program; and

                (6) the method the state agency established for notifying employees of the state agency of the provisions of the State-Tribal Collaboration Act."

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