SB0354

SENATE BILL 354

55th legislature - STATE OF NEW MEXICO - first session, 2021

INTRODUCED BY

Linda M. Lopez

AN ACT

RELATING TO EXECUTIVE REORGANIZATION; ENACTING THE VOCATIONAL REHABILITATION ACT; CREATING THE VOCATIONAL REHABILITATION COMMISSION; ELIMINATING THE VOCATIONAL REHABILITATION DIVISION OF THE PUBLIC EDUCATION DEPARTMENT; CREATING THE VOCATIONAL REHABILITATION OFFICE; PROVIDING POWERS AND DUTIES; PROVIDING FOR THE TRANSFER OF FUNCTIONS, PERSONNEL, MONEY, APPROPRIATIONS, RECORDS AND OTHER PROPERTY.

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

SECTION 1. [NEW MATERIAL] SHORT TITLE.--Sections 1 through 12 of this act may be cited as the "Vocational Rehabilitation Act".

SECTION 2. [NEW MATERIAL] DEFINITIONS.--As used in the Vocational Rehabilitation Act:

A. "commission" means the vocational rehabilitation commission;

B. "director" means the director of the vocational rehabilitation office;

C. "federal aid funds" means funds or grants received by the state under any federal aid for vocational rehabilitation;

D. "office" means the vocational rehabilitation office;

E. "person with a disability" means a person with a physical or mental disability other than blindness that constitutes a substantial handicap to employment but that is of such a nature that vocational rehabilitation may be reasonably expected to enable the person to engage in a remunerative occupation; and

F. "vocational rehabilitation" means services or training necessary to enable a person with a disability to engage in a remunerative occupation. Vocational rehabilitation may provide medical or vocational diagnosis, vocational guidance, counseling and placement, rehabilitation training, physical restoration, transportation, occupational licenses, customary occupational tools or equipment, maintenance and training material and equipment.

SECTION 3. [NEW MATERIAL] VOCATIONAL REHABILITATION COMMISSION CREATED.--

A. The "vocational rehabilitation commission" is created. The commission consists of six members appointed by the governor:

(1) two members shall be licensed health care providers of disabilities treatment;

(2) two members shall be recipients of vocational rehabilitation services;

(3) one member shall be the director of the medical assistance division of the human services department; and

(4) one member shall be a person with expertise in vocational education.

B. Initially, two members shall be appointed for a two-year term by July 1, 2021. Three members shall be appointed for a three-year term and one member appointed for a four-year term. Thereafter, appointments shall be for four-year terms on December 31 of even-numbered years.

C. A majority of the members of the commission constitutes a quorum for the transaction of business. The commission shall elect a chair from its membership.

D. Public members of the commission are entitled to receive per diem and mileage as provided in the Per Diem and Mileage Act and shall receive no other compensation, perquisite or allowance.

SECTION 4. [NEW MATERIAL] VOCATIONAL REHABILITATION COMMISSION--POWERS AND DUTIES.--

A. The commission may:

(1) establish policies for state programs relating to vocational rehabilitation, unless otherwise provided by state law;

(2) cooperate and make agreements with public or private agencies to establish or maintain a vocational rehabilitation program;

(3) enter into reciprocal agreements with other states to provide vocational rehabilitation; and

(4) accept gifts or grants to be used for vocational rehabilitation.

B. The commission shall:

(1) create a state plan for federal aid funds relating to vocational rehabilitation;

(2) establish standards to which agencies shall conform in receiving federal aid funds;

(3) enter into an agreement with the appropriate federal agency to procure for the state the benefits of federal law regarding vocational rehabilitation;

(4) collaborate with the federal social security administration to provide disability determination services pursuant to federal law; and

(5) determine eligibility for state disability services pursuant to federal law, the Vocational Rehabilitation Act and rules promulgated under the Vocational Rehabilitation Act.

SECTION 5. [NEW MATERIAL] VOCATIONAL REHABILITATION OFFICE--POWERS AND DUTIES.--

A. The "vocational rehabilitation office" is created. The commission shall appoint a director, who shall be the administrative officer of the commission. The director shall be appointed without reference to party affiliation and solely based on the grounds of fitness to perform the duties of the director's office. The director shall employ staff necessary for the effective operation of the commission.

B. The office may:

(1) promulgate and enforce rules for the administration of the Vocational Rehabilitation Act and state laws relating to vocational rehabilitation;

(2) conduct research and compile statistics relating to vocational rehabilitation;

(3) make surveys and studies in cooperation with other agencies to determine the needs of the state in the areas where federal aid funds are to be applied; and

(4) give technical advice and assistance to any state or local agency in connection with that agency obtaining federal aid funds.

C. The office shall:

(1) administer vocational rehabilitation services;

(2) administer a state plan created by the commission;

(3) ensure that behavioral health services, including mental health and substance abuse services, are provided, contracted for or approved in compliance with the requirements of Section 9-7-6.4 NMSA 1978;

(4) provide for reports to be made to the federal agency as required; and

(5) provide for reports to be made to the commission from a person receiving federal aid funds.

SECTION 6. [NEW MATERIAL] DESIGNATED AGENCY FOR FEDERAL FUNDS--CUSTODY OF FUNDS--BUDGETS--DISBURSEMENTS.--

A. The office is designated the sole state agency to administer and receive federal aid funds.

B. The state treasurer shall be the custodian of all federal aid funds.

C. All state funds, federal aid funds or grants to the state relating to vocational rehabilitation shall be budgeted and accounted for as provided by law. These funds or grants shall be disbursed by warrants of the secretary of finance and administration on vouchers issued by the director or the director's authorized representative.

D. All federal aid funds received by the state to be used for vocational rehabilitation programs may be expended in any succeeding year from the year received.

SECTION 7. [NEW MATERIAL] VOCATIONAL REHABILITATION--ELIGIBILITY REQUIREMENTS.--Vocational rehabilitation shall be provided to a person who:

A. is a resident of the state at the time of filing an application for vocational rehabilitation; and

B. is eligible for a vocational rehabilitation program; or

C. qualifies for eligibility under the terms of an agreement that the state has with the federal government or with another state.

SECTION 8. [NEW MATERIAL] HEARING.--A fair hearing shall be provided for a person applying for or receiving vocational rehabilitation who is aggrieved by an action or inaction of the commission or office pursuant to the Administrative Procedures Act.

SECTION 9. [NEW MATERIAL] THIRD-PARTY LIABILITY.--

A. The office shall make reasonable efforts to ascertain any legal liability of third parties that are or may be liable to pay all or part of the cost of rehabilitation services of an applicant or client of vocational rehabilitation.

B. When the office provides vocational rehabilitation services to a qualified person, the office is surrogated to any right of the individual against a third party for recovery of costs incurred.

SECTION 10. [NEW MATERIAL] NONTRANSFERABLE OR ASSIGNABLE RIGHTS.--The rights of a person pursuant to state law relating to vocational rehabilitation are not transferable or assignable in law or in equity.

SECTION 11. [NEW MATERIAL] LIMITATIONS ON POLITICAL ACTIVITIES.--

A. A vocational rehabilitation provider shall not:

(1) engage in administering a vocational rehabilitation program or use the person's official authority or influence to interfere with any public election or partisan political campaign;

(2) take an active part in the management of a political campaign or participate in any political activity beyond the person's constitutional rights of voting and of free speech; or

(3) be required to contribute or render service, assistance, subscription, assessment or contribution for any political purpose.

B. A person that violates the provisions of this section shall be subject to discharge or suspension.

SECTION 12. [NEW MATERIAL] ADMISSION TO STATE EDUCATIONAL

INSTITUTIONS--EXEMPTION FROM CERTAIN FEES.--Upon written request of the commission, all state educational institutions shall accept for admission, without any charge for any fees except tuition charges, a person with a disability meeting the standards of the institution.

SECTION 13. Section 9-7-6.4 NMSA 1978 (being Laws 2004, Chapter 46, Section 8, as amended) is amended to read:

"9-7-6.4. INTERAGENCY BEHAVIORAL HEALTH PURCHASING COLLABORATIVE.--

A. [There is created] The "interagency behavioral health purchasing collaborative" is created, consisting of the secretaries of aging and long-term services; Indian affairs; human services; health; corrections; children, youth and families; finance and administration; workforce solutions; public education; and transportation; the directors of the administrative office of the courts; the New Mexico mortgage finance authority; the governor's commission on disability; the developmental disabilities planning council; the instructional support and vocational [rehabilitation] education division of the public education department; and the New Mexico health policy commission; and the governor's health policy coordinator, or their designees. The collaborative shall be chaired by the secretary of human services with the respective secretaries of health and children, youth and families alternating annually as co-chairs.

B. The collaborative shall meet regularly and at the call of either co-chair and shall:

(1) identify behavioral health needs statewide, with an emphasis on that hiatus between needs and services set forth in the department of health's gap analysis and in ongoing needs assessments, and develop a master plan for statewide delivery of services;

(2) give special attention to regional differences, including cultural, rural, frontier, urban and border issues;

(3) inventory all expenditures for behavioral health, including mental health and substance abuse;

(4) plan, design and direct a statewide behavioral health system, ensuring both availability of services and efficient use of all behavioral health funding, taking into consideration funding appropriated to specific affected departments; and

(5) contract for operation of one or more behavioral health entities to ensure availability of services throughout the state.

C. The plan for delivery of behavioral health services shall include specific service plans to address the needs of infants, children, adolescents, adults and seniors, as well as to address workforce development and retention and quality improvement issues. The plan shall be revised every two years and shall be adopted by the department of health as part of the statewide health plan.

D. The plan shall take the following principles into consideration, to the extent practicable and within available resources:

(1) services should be individually centered and family-focused based on principles of individual capacity for recovery and resiliency;

(2) services should be delivered in a culturally responsive manner in a home- or community-based setting, where possible;

(3) services should be delivered in the least restrictive and most appropriate manner;

(4) individualized service planning and case management should take into consideration individual and family circumstances, abilities and strengths and be accomplished in consultation with appropriate family members, caregivers and other persons critical to the individual's life and well-being;

(5) services should be coordinated, accessible, accountable and of high quality;

(6) services should be directed by the individual or family served to the extent possible;

(7) services may be consumer- or family- provided, as defined by the collaborative;

(8) services should include behavioral health promotion, prevention, early intervention, treatment and community support; and

(9) services should consider regional differences, including cultural, rural, frontier, urban and border issues.

E. The collaborative shall seek and consider suggestions of Native American representatives from Indian nations, tribes and pueblos and the urban Indian population, located wholly or partially within New Mexico, in the development of the plan for delivery of behavioral health services.

F. Pursuant to the State Rules Act, the collaborative shall adopt rules through the human services department for:

(1) standards of delivery for behavioral health services provided through contracted behavioral health entities, including:

(a) quality management and improvement;

(b) performance measures;

(d) utilization management;

(e) credentialing of providers;

(f) rights and responsibilities of consumers and providers;

(g) clinical evaluation and treatment and supporting documentation; and

(h) confidentiality of consumer records; and

(2) approval of contracts and contract amendments by the collaborative, including public notice of the proposed final contract.

G. The collaborative shall, through the human services department, submit a separately identifiable consolidated behavioral health budget request. The consolidated behavioral health budget request shall account for requested funding for the behavioral health services program at the human services department and any other requested funding for behavioral health services from agencies identified in Subsection A of this section that will be used pursuant to Paragraph (5) of Subsection B of this section. Any contract proposed, negotiated or entered into by the collaborative is subject to the provisions of the Procurement Code.

H. The collaborative shall, with the consent of the governor, appoint a "director of the collaborative". The director is responsible for the coordination of day-to-day activities of the collaborative, including the coordination of staff from the collaborative member agencies.

I. The collaborative shall provide a quarterly report to the legislative finance committee on performance outcome measures. The collaborative shall submit an annual report to the legislative finance committee and the interim legislative health and human services committee that provides information on:

(1) the collaborative's progress toward achieving its strategic plans and goals;

(2) the collaborative's performance information, including contractors and providers; and

(3) the number of people receiving services, the most frequently treated diagnoses, expenditures by type of service and other aggregate claims data relating to services rendered and program operations."

SECTION 14. Section 9-24-4 NMSA 1978 (being Laws 2004, Chapter 27, Section 4, as amended) is amended to read:

"9-24-4. DEPARTMENT CREATED.--

A. The "public education department" is created in the executive branch. The department is a cabinet department and includes the following divisions:

(1) the administrative services division;

(2) the assessment and accountability division;

(3) the charter schools division;

(4) the educator quality division;

(5) the Indian education division;

(6) the information technology division;

(7) the instructional support and vocational education division;

(8) the program support and student transportation division;

(9) the quality assurance and systems integration division; and

(10) the rural education division [and

(11) the vocational rehabilitation division].

B. The secretary may organize the department and divisions of the department and may transfer or merge functions between divisions and bureaus in the interest of efficiency and economy."

SECTION 15. Section 13-1C-3 NMSA 1978 (being Laws 2005, Chapter 334, Section 3) is amended to read:

"13-1C-3. DEFINITIONS.--As used in the State Use Act:

A. "central nonprofit agency" means a nonprofit agency approved pursuant to rules of the council to facilitate the equitable distribution of orders for the services of:

(1) qualified individuals; and

(2) community rehabilitation programs;

B. "community rehabilitation program" means a nonprofit entity:

(1) that is organized under the laws of the United States or this state, operated in the interest of persons with disabilities and operated so that no part of the income of which inures to the benefit of any shareholder or other person;

(2) that complies with applicable occupational health and safety standards as required by federal or state law; and

(3) that, in the provision of services, whether or not procured under the State Use Act, employs during the state fiscal year at least seventy-five percent persons with disabilities in direct labor for the provision of services;

C. "council" means the New Mexico council for purchasing from persons with disabilities;

D. "direct labor" means all work directly relating to the provision of services, but not work required for or relating to supervision, administration or inspection;

E. "local public body" means a political subdivision of the state and the political subdivision's agencies, instrumentalities and institutions;

F. "persons with disabilities" means persons who have a mental or physical impairment that constitutes or results in a substantial impediment to employment as defined by the federal Rehabilitation Act of 1973;

G. "qualified individual" means a person with a disability who is a business owner, or a business that is primarily owned and operated by persons with disabilities that employs at least seventy-five percent persons with disabilities in the provision of direct labor, which has been approved by the council to provide services to state agencies and local public bodies. A person who is receiving services pursuant to an individualized plan of employment from the vocational rehabilitation [division of the public education department] office or from the commission for the blind shall be presumed to be a person with disability, as shall a person who is receiving supplemental security income or social security benefits based on disability;

H. "state agency" means a department, commission, council, board, committee, institution, legislative body, agency, government corporation, educational institution or official of the executive, legislative or judicial branch of government of this state; and

I. "state purchasing agent" means the director of the purchasing division of the general services department."

SECTION 16. Section 21-6-2 NMSA 1978 (being Laws 1899, Chapter 42, Section 3, as amended) is amended to read:

"21-6-2. PURPOSES--ADMISSION AGE--ADMISSION OF NONRESIDENTS--TUITION--CHANGE OF NAME--EXPENDITURES FOR GRADUATES IN COLLEGE--AUDIOLOGICAL CLINIC--SCHOLARSHIPS--PRESIDENT'S POWERS.--

A. Except as otherwise provided in this section, the New Mexico school for the deaf shall be devoted exclusively to the care and instruction of persons of either sex who are residents within the state and between the ages of five years and the age of majority and who are deaf or hard-of-hearing; provided that the board of regents, in its discretion, may admit residents of this state who have attained the age of one year for daytime care and instruction, but not for residential purposes, and may also admit residents of this state who are over the age of majority.

B. The board of regents may make expenditures for undergraduate collegiate expenses of graduates of the New Mexico school for the deaf. The board of regents may permit the use of facilities of the school by public and private agencies in the state in carrying on a conservation-of-hearing program when the agencies participate in the cost of the operation, upon such terms and conditions as the board of regents may prescribe.

C. The board of regents may contract with the veterans' administration and the vocational rehabilitation [division of the public education department] office to provide instruction for adults with a disability in vocations or lip reading taught at the school, but such adults may not be housed at the school. The board of regents may lease for a nominal sum for periods not to exceed three months to the public schools, institutions and agencies of the state any hearing test equipment owned by the school.

D. The board of regents, for the purpose of creating a source of teachers of the deaf, may pay tuition and other necessary expenses of graduates of New Mexico colleges desiring to take training to teach the deaf in

out-of-state training centers and intending to make the teaching of the deaf in New Mexico their profession.

E. All instruction shall be free. Deaf or

hard-of-hearing children from other states or territories may be received and educated in the school under such rules and regulations as the board of regents may prescribe, but in no event shall such children be admitted except upon the payment or guaranty of at least one thousand dollars ($1,000) for the school year, on the basis of nine months for a school year. The president of the board of regents is authorized to make and enter into on behalf of the school all necessary agreements and contracts with the United States government and the proper authorities of other states and territories for the reception and education of such children, and the president is further authorized to receive and receipt for all money paid upon such account and to endorse and transfer all checks, vouchers or other evidences of payment made or received in behalf of the school."

SECTION 17. Section 22-14-1 NMSA 1978 (being Laws 1967, Chapter 16, Section 191, as amended) is amended to read:

"22-14-1. DEFINITIONS.--As used in Sections 22-14-2 through 22-14-16 NMSA 1978:

A. "vocational education" means vocational or technical training or retraining conducted as part of a program designed to enable an individual to engage in a remunerative occupation. Vocational education may provide but is not limited to guidance and counseling, vocational instruction, training for vocational education instructors, transportation and training material and equipment; and

[B. "person with a disability" means a person with a physical or mental disability that constitutes a substantial handicap to employment but that is of such a nature that vocational rehabilitation may be reasonably expected to enable the person to engage in a remunerative occupation;

C. "vocational rehabilitation" means services or training necessary to enable a person with a disability to engage in a remunerative occupation. Vocational rehabilitation may provide but is not limited to medical or vocational diagnosis, vocational guidance, counseling and placement, rehabilitation training, physical restoration, transportation, occupational licenses, customary occupational tools or equipment, maintenance and training material and equipment; and

D.] B. "federal aid funds" means funds, gifts or grants received by the state under any federal aid for vocational education [or vocational rehabilitation]."

SECTION 18. Section 22-14-9 NMSA 1978 (being Laws 1967, Chapter 16, Section 198, as amended) is amended to read:

"22-14-9. CUSTODY OF FUNDS--BUDGETS--DISBURSEMENTS.--

A. The state treasurer shall be the custodian of all federal aid funds. The state treasurer shall hold these funds in separate accounts according to the purposes of the funds.

B. All state funds, federal aid funds or grants to the state relating to vocational education shall be budgeted and accounted for as provided by law and by the rules of the department of finance and administration. These funds or grants shall be disbursed by warrants of the department of finance and administration on vouchers issued by the director of the instructional support and vocational education division or the director's authorized representative.

[C. All state funds, federal aid funds or grants to the state relating to vocational rehabilitation shall be budgeted and accounted for as provided by law and by the rules of the department of finance and administration. These funds or grants shall be disbursed by warrants of the department of finance and administration on vouchers issued by the director of the vocational rehabilitation division or the director’s authorized representative.

D.] C. All federal aid funds received by the state to be used for vocational education [or vocational rehabilitation] programs may be expended in any succeeding year from the year received."

SECTION 19. Section 22-14-14 NMSA 1978 (being Laws 1967, Chapter 16, Section 202) is amended to read:

"22-14-14. LIMITATIONS ON POLITICAL ACTIVITIES.--[No] A person engaged in administering any vocational education [or vocational rehabilitation] program pursuant to Sections [77-12-1 through 77-12-14 New Mexico Statutes Annotated, 1953 Compilation] 22-14-1 through 22-14-16 NMSA 1978 shall not use [his] the person's official authority or influence to permit the use of the vocational education [or vocational rehabilitation] program to interfere with any public election or partisan political campaign. [Nor shall such] That person shall not take any active part in the management of a political campaign or participate in any political activity beyond the person's constitutional rights of voting and of free speech. [Nor] The person shall [he] not be required to contribute or render service, assistance, subscription, assessment or contribution for any political purpose. Any person violating the provisions of this section shall be subject to discharge or suspension."

SECTION 20. Section 28-10-1 NMSA 1978 (being Laws 1973, Chapter 349, Section 1, as amended) is amended to read:

"28-10-1. GOVERNOR'S COMMISSION ON DISABILITY.--

A. [There is created] The "governor's commission on disability" is created, consisting of fifteen members, nine of whom shall be appointed by the governor. The six remaining members shall be the director of the vocational rehabilitation [division of the public education department] office, the secretary of labor or the secretary's designee, the director of the behavioral health services division of the human services department, the secretary of children, youth and families or the secretary's designee, the secretary of aging and long-term services or the secretary's designee and the secretary of human services or the secretary's designee. Initially, three members shall be appointed for terms ending December 31, 1978, three members for terms ending December 31, 1980 and three members for terms ending December 31, 1982. Thereafter, appointments shall be for six years expiring on December 31 of even-numbered years. Appointed members shall be appointed from different geographic areas of the state and from the major disability services in the state. Appointed members shall include individuals with disabilities, representatives of government and private enterprise, parents or guardians of individuals with disabilities and professionals in, or those who are interested in, service for individuals with disabilities. Not more than five of the members appointed by the governor shall be of the same political party.

B. A majority of the members of the commission constitutes a quorum for the transaction of business. The commission shall meet at least twice a year and shall annually elect a chair and a vice chair.

C. The commission shall be primarily concerned with those individuals with disabilities who have a condition that, regardless of its physical or mental origin, constitutes a substantial occupational disadvantage."

SECTION 21. Section 28-11A-3 NMSA 1978 (being Laws 1981, Chapter 260, Section 3) is amended to read:

"28-11A-3. VOCATIONAL REHABILITATION [DIVISION] OFFICE--PURCHASE OF TELECOMMUNICATION DEVICES FOR THE DEAF.--[A telecommunication device for the deaf shall be purchased by] The vocational rehabilitation [division of the department of education] office shall purchase and [installed] install a telecommunication device for the deaf in the office of the municipal police department of any municipality with a population in excess of ten thousand inhabitants, if the [division] office determines and verifies that at least five telecommunication devices for the deaf are in use by deaf persons in the municipality, and in the office of the county sheriff in counties not having a municipality with a population in excess of ten thousand inhabitants, if the [division] commission determines and verifies that at least five such devices are in use by deaf persons in that county."

SECTION 22. Section 28-11B-1 NMSA 1978 (being Laws 1991, Chapter 72, Section 1, as amended) is amended to read:

"28-11B-1. COMMISSION FOR DEAF AND HARD-OF-HEARING PERSONS CREATED.--

A. [There is created] The "commission for deaf and hard-of-hearing persons" is created, consisting of seven members, a majority of whom are deaf or hard-of-hearing persons, including three ex-officio members and four members appointed by the governor without regard for party affiliation, with the advice and consent of the senate. Terms of appointed members shall be for six years, expiring on December 31 of odd-numbered years, in accordance with the staggered terms of the appointed members holding office on [the effective date of this] June 18, 1999 [amendment].

B. Ex-officio members are the:

(1) [the] president of the New Mexico association for the deaf or [his] the president's designee;

(2) [the] superintendent of the New Mexico school for the deaf or [his] the superintendent's designee; and

(3) [the] director of the vocational rehabilitation [division of the state department of public education] office or [his] the director's designee, who shall be knowledgeable in the area of deafness.

C. Appointed members are:

(1) a parent of a deaf or hard-of-hearing child;

(2) a professional person who is deaf or hard of hearing;

(3) a deaf or hard-of-hearing person who resides in southern New Mexico; and

(4) a deaf or hard-of-hearing person who resides in northern New Mexico.

D. A majority of the members of the commission for deaf and hard-of-hearing persons constitutes a quorum for transaction of business. The commission shall elect a [chairman] chair from its membership.

E. Members of the commission for deaf and hard-of-hearing persons shall be compensated as provided in the Per Diem and Mileage Act and shall receive no other compensation, perquisite or allowance.

F. Commission members who are serving [upon the effective date of this 1999 act] on June 18, 1999 shall serve out the terms to which they were appointed."

SECTION 23. Section 28-16A-4 NMSA 1978 (being Laws 1993, Chapter 50, Section 4) is amended to read:

"28-16A-4. DEVELOPMENTAL DISABILITIES PLANNING COUNCIL--CREATION--MEMBERSHIP--TERMS.--

A. The "developmental disabilities planning council" is created in accordance with the federal Developmental Disabilities Assistance and Bill of Rights Act. The developmental disabilities planning council shall be an adjunct agency as provided in the Executive Reorganization Act.

B. The developmental disabilities planning council shall consist of no fewer than eighteen members, at least half of whom shall be persons with developmental disabilities or parents, immediate relatives or legal guardians of persons with developmental disabilities. The developmental disabilities planning council shall include:

(1) the secretary of health, or [his] the secretary's designee;

(2) the secretary of human services, or [his] the secretary's designee;

(3) the secretary of children, youth and families, or [his] the secretary's designee;

(4) the [director] secretary of [the state agency on] aging and long-term services, or [his] the secretary's designee;

(5) [two directors from the state department of] the secretary of public education [including the vocational rehabilitation division];

(6) the director of the vocational rehabilitation office;

[(6)] (7) the director of the state protection and advocacy system established pursuant to the federal Developmental Disabilities Assistance and Bill of Rights Act;

[(7)] (8) representatives of institutions of post-secondary education;

[(8)] (9) representatives of each program established within institutions of post-secondary education pursuant to the federal Developmental Disabilities Assistance and Bill of Rights Act; and

[(9)] (10) representatives of local government agencies, nongovernment agencies or nonprofit groups concerned with services to persons with developmental disabilities, including a service provider.

C. Members, except for ex-officio members, shall be appointed by the governor for terms of three years."

SECTION 24. Section 28-16A-8 NMSA 1978 (being Laws 1993, Chapter 50, Section 8) is amended to read:

"28-16A-8. PLANNING FOR COMMUNITY SERVICES FOR PERSONS WITH DEVELOPMENTAL DISABILITIES.--

A. The developmental disabilities planning council shall coordinate, review and comment upon plans for support and services to persons with developmental disabilities developed by all major state agencies providing or funding services to persons with developmental disabilities based, to the greatest extent possible, upon the most recent needs assessment completed pursuant to Section [7 of the Developmental Disabilities Act] 28-16A-7 NMSA 1978.

B. The department of health, the human services department, the [state department of] public education department, the vocational rehabilitation [division of the state department of public education] commission, the children, youth and families department, the New Mexico school for the blind and visually [handicapped] impaired and the New Mexico school for the deaf shall each submit a plan for support and services for persons with developmental and other disabilities within a reasonable time to allow for meaningful coordination, review and comment by the developmental disabilities planning council.

C. Each plan shall define and provide for the support and services that are required within the scope of each respective agency's applicable federal and state laws and regulations. The goal of each plan is to enable persons with developmental disabilities to maximize their potential, live as independently as possible in their own homes and communities and achieve productive lives through involvement in inclusive service settings."

SECTION 25. Section 28-16A-9 NMSA 1978 (being Laws 1993, Chapter 50, Section 9) is amended to read:

"28-16A-9. INFORMATION AND REFERRAL SYSTEM--COORDINATION AND CONTINUATION.--In order to coordinate information and referral services and eliminate the duplication of effort, the developmental disabilities planning council shall provide information and referral services for persons with disabilities, their families, providers of support and services and local and state agencies, including:

A. the human services department;

B. the department of health;

C. the [state department of public education and its vocational rehabilitation division] vocational rehabilitation commission and its office;

D. the New Mexico school for the deaf;

E. the New Mexico school for the blind and visually [handicapped] impaired;

F. the Carrie Tingley crippled children's hospital; and

G. the children, youth and families department."

SECTION 26. Section 38-9-6 NMSA 1978 (being Laws 1979, Chapter 263, Section 6, as amended) is amended to read:

"38-9-6. NOTICE--PROOF OF DISABILITY.--Every deaf person whose appearance at a proceeding entitles the person to an interpreter shall notify the appointing authority of the person's disability at least two weeks prior to any appearance and shall request the services of an interpreter. An appointing authority may require a person requesting the appointment of an interpreter to furnish reasonable proof of the person's disability when the appointing authority has reason to believe that the person is not so disabled. Reasonable proof shall include but not be limited to a statement from a doctor, an audiologist, the vocational rehabilitation [division of the public education department] office, the commission for deaf and hard-of-hearing persons or a school nurse that identifies the person as deaf or as having hearing so seriously impaired as to prohibit the person from understanding voice communications."

SECTION 27. TEMPORARY PROVISION--TRANSFER OF FUNCTIONS, PERSONNEL, MONEY, APPROPRIATIONS, RECORDS AND PROPERTY.--On the effective date of this act:

A. all functions, personnel, money, appropriations, records, furniture, equipment, supplies and other property of the vocational rehabilitation division of the public education department are transferred to the vocational rehabilitation commission;

B. all contractual obligations of the vocational rehabilitation division of the public education department are binding on the vocational rehabilitation commission and the vocational rehabilitation office; and

C. all references in law to the vocational rehabilitation division of the public education department shall be deemed to be references to the vocational rehabilitation commission and the vocational rehabilitation office.

SECTION 28. REPEAL.--Sections 22-14-2.1, 22-14-3.1, 22-14-7, 22-14-8, 22-14-10 through 22-14-13 and 22-14-30 NMSA 1978 (being Laws 2005, Chapter 328, Sections 2 and 4, Laws 1967, Chapter 16, Sections 196 and 197, Laws 1971, Chapter 324, Section 4, Laws 1967, Chapter 16, Section 199, Laws 1983, Chapter 60, Section 1, Laws 1967, Chapter 16, Sections 200 and 201 and Laws 1971, Chapter 324, Section 4, as amended) are repealed.

SECTION 29. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2021.

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