HOUSE BILL 98

54th legislature - STATE OF NEW MEXICO - first session, 2019

INTRODUCED BY

William “Bill” R. Rehm

AN ACT

RELATING TO LICENSURE; PROHIBITING REQUIRING RESUBMISSION OF FINGERPRINTS TO RENEW A BUSINESS, PROFESSIONAL OR OCCUPATIONAL LICENSE.

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

     SECTION 1. Section 9-16-6 NMSA 1978 (being Laws 1983, Chapter 297, Section 22) is amended to read:

     "9-16-6. SUPERINTENDENT--DUTIES AND GENERAL POWERS.--

          A. The superintendent is responsible to the governor for the operation of the department. It is [his] the superintendent's duty to manage all operations of the department and to administer and enforce the laws with which [he] the superintendent or the department is charged.

          B. To perform [his] the superintendent's duties, the superintendent has every power expressly enumerated in the laws, whether granted to the superintendent or the department or any division of the department, except where authority conferred upon any division is explicitly exempted from the superintendent's authority by statute. In accordance with these provisions, the superintendent shall:

                (1) except as otherwise provided in the Regulation and Licensing Department Act, exercise general supervisory and appointing authority over all department employees, subject to any applicable personnel laws and regulations;

                (2) delegate authority to subordinates as [he] the superintendent deems necessary and appropriate, clearly delineating such delegated authority and the limitations thereto;

                (3) organize the department into those organizational units [he] the superintendent deems will enable it to function most efficiently, subject to any provisions of law requiring or establishing specific organizational units;

                (4) within the limitations of available appropriations and applicable laws, employ and fix the compensation of those persons necessary to discharge [his] the superintendent's duties;

                (5) take administrative action by issuing orders and instructions, not inconsistent with the law, to assure implementation of and compliance with the provisions of law for whose administration or execution [he] the superintendent is responsible and to enforce those orders and instructions by appropriate administrative action or actions in the courts;

                (6) conduct research and studies that will improve the operations of the department and the provision of services to the [citizens] residents of the state;

                (7) provide courses of instruction and practical training for employees of the department and other persons involved in the administration of programs, with the objective of improving the operations and efficiency of administration;

                (8) prepare an annual budget of the department;

                (9) provide cooperation, at the request of heads of administratively attached agencies, in order to:

                     (a) minimize or eliminate duplication of services and jurisdictional conflicts;

                     (b) coordinate activities and resolve problems of mutual concern; and

                     (c) resolve by agreement the manner and extent to which the department shall provide budgeting, [record-keeping] recordkeeping and related clerical assistance to administratively attached agencies;

                (10) appoint, with the governor's consent, a "director" for each division. These appointed positions are exempt from the provisions of the Personnel Act. Persons appointed to these positions shall serve at the pleasure of the superintendent;

                (11) give bond in the penal sum of twenty-five thousand dollars ($25,000) and require directors to each give bond in the penal sum of ten thousand dollars ($10,000) conditioned upon the faithful performance of duties, as provided in the Surety Bond Act. The department shall pay the costs of these bonds; and

                (12) require performance bonds of such department employees and officers as [he] the superintendent deems necessary, as provided in the Surety Bond Act. The department shall pay the costs of these bonds.

          C. The superintendent may apply for and receive, with the governor's approval, in the name of the department any public or private funds, including [but not limited to] United States government funds, available to the department to carry out its programs, duties or services.

          D. The superintendent may make and adopt such reasonable and procedural rules and regulations as may be necessary to carry out the duties of the department and its divisions; provided that where a licensing entity requires submission of fingerprints as part of the initial license application, and a licensee has provided fingerprints and the license has been issued, the licensing entity shall not require a licensee to submit fingerprints again to renew the license, but a licensee shall submit to a background investigation if required. No rule or regulation promulgated by the director of any division in carrying out the functions and duties of the division shall be effective until approved by the superintendent, unless otherwise provided by statute. Unless otherwise provided by statute, no regulation affecting any person or agency outside the department shall be adopted, amended or repealed without a public hearing on the proposed action before the superintendent or a hearing officer designated by [him] the superintendent. The public hearing shall be held in Santa Fe unless otherwise permitted by statute. Notice of the subject matter of the regulation, the action proposed to be taken, the time and place of the hearing, the manner in which interested persons may present their views and the method by which copies of the proposed regulation, proposed amendment or repeal of an existing regulation may be obtained shall be published once at least thirty days prior to the hearing date in a newspaper of general circulation and mailed at least thirty days prior to the hearing date to all persons who have made a written request for advance notice of hearing. All rules and regulations shall be filed in accordance with the State Rules Act."

     SECTION 2. Section 60-1A-7 NMSA 1978 (being Laws 2007, Chapter 9, Section 7) is amended to read:

     "60-1A-7. ALL LICENSE APPLICATIONS--BACKGROUND INVESTIGATIONS--RULES.--

          A. A person applying for a license pursuant to the Horse Racing Act shall submit to a background investigation to be conducted by the board. The commission and the board shall adopt rules to coordinate the manner in which the background investigations are conducted. The rules shall at minimum require that:

                (1) an applicant for a license [or license renewal] shall submit two fingerprint cards to the commission, with one card to be submitted to the board for a statewide check and the other card to be submitted to the federal bureau of investigation for a nationwide check;  

                (2) arrest record information from a law enforcement agency or the federal bureau of investigation and information obtained as a result of the background investigation conducted by the board is privileged and shall not be disclosed to persons not directly involved in the decision affecting the specific applicant;

                (3) an applicant shall provide all of the information required by the commission; and

                (4) the cost of the background investigation shall be paid by the applicant.

          B. An applicant for a license who is denied the license by the commission shall have an opportunity to inspect and challenge the validity of the record on which the denial of the license was based."

     SECTION 3. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2019.

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