SENATE BILL 381

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

INTRODUCED BY

Jacob R. Candelaria

AN ACT

RELATING TO CHILDREN; ENACTING THE CARLOS VIGIL MEMORIAL ACT; CREATING THE CARLOS VIGIL MEMORIAL BOARD TO AWARD GRANTS TO PROGRAMS AND SERVICES TO ERADICATE BULLYING STATEWIDE; CREATING THE ERADICATE BULLYING FUND; MAKING AN APPROPRIATION.

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

     SECTION 1. [NEW MATERIAL] SHORT TITLE.--This act may be cited as the "Carlos Vigil Memorial Act" in honor of Carlos Vigil.

     SECTION 2. [NEW MATERIAL] PURPOSES.--The purposes of the Carlos Vigil Memorial Act are to:

          A. cultivate a statewide culture where bullying is not accepted;

          B. educate New Mexicans about recognizing bullying behaviors and understanding the potential consequences of bullying; and

          C. provide grants for providers of services and programs for the prevention, resolution and eradication of bullying statewide.

     SECTION 3. [NEW MATERIAL] CARLOS VIGIL MEMORIAL BOARD--CREATED.--

          A. The "Carlos Vigil memorial board" is created to review grant applications and to award grants from the eradicate bullying fund.

          B. The board consists of five voting members who together provide diverse experience and expertise in:

                (1) administering or delivering services in an organization focused on preventing bullying or suicide;

                 (2) administering or delivering services in an organization focused on providing counseling and support services to victims and perpetrators of bullying;

                 (3) professional development workshops on the topic of bullying or suicide prevention;

                (4) coalescing and leading communities; or

                (5) administering or delivering public health services.

          C. Board appointments shall be as follows:

                (1) one member shall be appointed by the president pro tempore of the senate;

                (2) one member shall be appointed by the minority floor leader of the senate;

                (3) one member shall be appointed by the speaker of the house of representatives;

                (4) one member shall be appointed by the minority floor leader of the house of representatives; and

                (5) one member shall be appointed by the governor from department of health staff.

          D. The chair of the board shall be elected by a quorum of the board members. The board shall meet at the call of the chair or whenever two members submit a request in writing to the chair, but not less often than once each calendar year. A majority of members constitutes a quorum for the transaction of business. The affirmative vote of a majority of a quorum present shall be necessary for an action to be taken by the board.

          E. Members of the board shall be appointed to two-year terms. Vacancies shall be filled by appointment by the governor for the remainder of the unexpired term. Any member of the board shall be eligible for reappointment.

          F. Public members of the board may be paid per diem and mileage as provided for nonsalaried officers in the Per Diem and Mileage Act but shall receive no other compensation, perquisite or allowance.

     SECTION 4. [NEW MATERIAL] CARLOS VIGIL MEMORIAL BOARD--DUTIES.--The Carlos Vigil memorial board shall:

          A. adopt and promulgate rules governing the acceptance, evaluation and prioritization of applications for grants, including applicant qualifications and the format, procedure and deadlines for grant applications;

          B. review grant applications from public agencies and institutions and nonprofit private entities that indicate the qualifications and expertise to provide services for the prevention, resolution and eradication of bullying;

          C. process, evaluate and prioritize applications based on the criteria delineated in the board's rules; and

          D. award grants to the most qualified grant applicants and reach a broad spectrum of New Mexicans.

     SECTION 5. [NEW MATERIAL] ERADICATE BULLYING FUND CREATED--GRANT APPLICATION REVIEW.--

          A. The "eradicate bullying fund" is created in the state treasury. The fund shall be administered by the board of regents of the university of New Mexico. Money in the fund is appropriated to the board of regents of the university of New Mexico for disbursement to grant recipients selected by the Carlos Vigil memorial board.

          B. The fund shall consist of:

                (1) money appropriated by the legislature to carry out the purposes of the Carlos Vigil Memorial Act;

                (2) grants, gifts, donations and bequests to the fund; and

                (3) earnings from investment of the money in the fund.

          C. Disbursements from the fund shall be made by warrant of the secretary of finance and administration pursuant to vouchers signed by the president of the board of regents of the university of New Mexico or the president's designee.

          D. Unexpended and unencumbered balances in the fund shall not revert to the general fund at the end of a fiscal year.

          E. An applicant may apply for a grant from the fund in accordance with rules promulgated by the Carlos Vigil memorial board. Allocations from the fund shall be based on a competitive process with applications reviewed by the board.

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