HOUSE BUSINESS AND EMPLOYMENT COMMITTEE SUBSTITUTE FOR

HOUSE BILL 23

52nd legislature - STATE OF NEW MEXICO - first session, 2015

AN ACT

RELATING TO NONPROFIT ORGANIZATIONS; CREATING THE INTERIM LEGISLATIVE NONPROFIT AND PUBLIC SECTOR COLLABORATION WORK GROUP; MAKING AN APPROPRIATION; DECLARING AN EMERGENCY.

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

     SECTION 1. TEMPORARY PROVISION--FINDINGS.--The legislature finds that nonprofit organizations make significant contributions to the state's economy and job creation. The legislature also finds that the state relies on nonprofit organizations to deliver important services in the areas of health, human services, arts and culture and the environment to the state's underserved populations and remote communities as well as to the state's urban areas. The legislature further finds that significant investments of public resources are made to nonprofit organizations that operate in areas that are not or cannot be served directly by state or local governments. Therefore, the legislature finds that a work group should be convened to study how the state can collaborate most effectively and efficiently with nonprofit organizations.

     SECTION 2. TEMPORARY PROVISION--NONPROFIT AND PUBLIC SECTOR COLLABORATION WORK GROUP.--

          A. The "nonprofit and public sector collaboration work group" is created as an interim legislative work group. The work group shall function from the date of its appointment until December 1 prior to the second session of the fifty-second legislature.

          B. The work group shall be composed of eighteen voting members as follows:

                (1) four members from the house of representatives and four members from the senate, appointed by the New Mexico legislative council so as to give the two political parties having the most members in each house the same total proportionate representation on the work group as prevails in that house;

                (2) three members whose nonprofit professional expertise is relevant to the work of the work group, one member from the labor community and two members who represent interests affected by business conducted with the state through nonprofit organizations, each appointed by the New Mexico legislative council;

                (3) the director of the purchasing division of the general services department or the director's designee;

                (4) the chief of the contracts review bureau of the financial control division of the department of finance and administration or the chief's designee;

                (5) a representative of the attorney general's office, appointed by the attorney general; and

                (6) one member appointed by the governor.

          C. The work group shall elect the chair and vice chair of the work group.

          D. A vacancy on the work group shall be filled by appointment in the same manner as the original appointment.

          E. After its appointment, the work group shall hold one organizational meeting to develop a work plan and budget for the 2015 interim. The work plan and budget shall be submitted to the New Mexico legislative council for approval.

          F. Upon approval of its work plan and budget, the work group shall study ways in which contracts, contracting processes, capacity to meet state programmatic needs and methods to build capacity and relationships between the state and nonprofit organizations can be improved to maximize the benefits to both the state and nonprofit organizations and shall make a report on the results of the study. The report, including the work group's findings and recommendations, including recommendations for building capacity, shall be submitted to the legislative health and human services committee, the economic and rural development committee and any other appropriate interim legislative committees by November 1, 2015.

          G. The staff for the work group shall be provided by the legislative council service.

     SECTION 3. APPROPRIATION.--Two hundred fifty thousand dollars ($250,000) is appropriated from the legislative cash balances to the legislative council service for expenditure in fiscal years 2015 and 2016 to reimburse the per diem and mileage expenses of the nonprofit and public sector collaboration work group members and to pay the other expenses, including contracting expenses, of the work group. Payments from the appropriation shall be made on warrants drawn by the secretary of finance and administration pursuant to vouchers signed by the director of the legislative council service or the director's authorized representative. Any unexpended or unencumbered balance remaining at the end of fiscal year 2016 shall revert to the legislative cash balances.

     SECTION 4. EMERGENCY.--It is necessary for the public peace, health and safety that this act take effect immediately.

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