0001| SENATE BILL 429
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0002| 43rd legislature - STATE OF NEW MEXICO - first session, 1997
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0003| INTRODUCED BY
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0004| DIANNA J. DURAN & SUE WILSON
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0005|
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0006|
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0007|
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0008|
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0009|
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0010| AN ACT
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0011| RELATING TO GOVERNMENT ORGANIZATION; REORGANIZING CERTAIN STATE
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0012| GOVERNMENT AGENCIES AND RE-ALLOCATING FUNCTIONS; CREATING A
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0013| WORKFORCE DEVELOPMENT DEPARTMENT; PROVIDING POWERS AND DUTIES;
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0014| PROVIDING FOR TRANSFERS OF APPROPRIATIONS, FUNDS, FUNCTIONS AND
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0015| PROPERTY; ABOLISHING CERTAIN GOVERNMENTAL ENTITIES; MAKING
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0016| APPROPRIATIONS; AMENDING, REPEALING AND ENACTING SECTIONS OF
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0017| THE NMSA 1978.
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0018|
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0019| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0020| Section 1. [NEW MATERIAL] SHORT TITLE.--Sections 1
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0021| through 14 of this act may be cited as the "Workforce
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0022| Development Department Act".
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0023| Section 2. [NEW MATERIAL] DEFINITIONS.--As used in the
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0024| Workforce Development Department Act:
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0025| A. "department", appearing without qualification,
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0001| means the workforce development department created by the
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0002| Workforce Development Department Act; and
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0003| B. "secretary" means the secretary of workforce
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0004| development.
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0005| Section 3. [NEW MATERIAL] PURPOSE.--The purpose of the
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0006| Workforce Development Department Act is to establish a single,
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0007| unified department to administer welfare- and workforce-related
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0008| programs. The department shall administer all laws and
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0009| functions formerly administered by the labor department, the
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0010| human services department, the youth conservation corps unit of
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0011| the energy, minerals and natural resources department, the
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0012| americorps unit of the children, youth and families department
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0013| and the occupational health and safety bureau of the department
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0014| of environment.
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0015| Section 4. [NEW MATERIAL] WORKFORCE DEVELOPMENT
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0016| DEPARTMENT ESTABLISHED.--
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0017| A. There is created in the executive branch the
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0018| "workforce development department". The department is a
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0019| cabinet department.
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0020| B. Until July 1, 1998, the department shall consist
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0021| of, but not be limited to, six divisions:
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0022| (1) employment security division;
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0023| (2) income support division;
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0024| (3) child support enforcement division;
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0025| (4) medical assistance division;
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0001| (5) programs division; and
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0002| (6) administrative services division.
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0003| C. Beginning July 1, 1998, the department shall
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0004| consist of, but not be limited to, five divisions:
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0005| (1) employment security division;
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0006| (2) income support division;
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0007| (3) child support enforcement division;
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0008| (4) programs division; and
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0009| (5) administrative services division.
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0010| D. The secretary is empowered to organize the
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0011| department and the divisions specified in Subsections B and C
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0012| of this section and may transfer or merge functions between
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0013| divisions in the interest of efficiency and economy.
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0014| Section 5. [NEW MATERIAL] GOVERNMENTAL ENTITIES
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0015| ABOLISHED.--On July 1, 1997 the labor department and the human
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0016| services department are abolished.
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0017| Section 6. [NEW MATERIAL] SECRETARY OF WORKFORCE
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0018| DEVELOPMENT--APPOINTMENT.--
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0019| A. The chief executive and administrative officer of
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0020| the department is the "secretary of workforce development".
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0021| The secretary shall be appointed by the governor with the
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0022| advice and consent of the senate. The secretary holds office
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0023| at the pleasure of the governor and shall serve in the
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0024| executive cabinet.
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0025| B. A secretary who has been appointed but not yet
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0001| confirmed shall serve and have all the duties, responsibilities
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0002| and authority assigned by law to that office during the period
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0003| of time prior to the final action by the senate to confirm or
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0004| reject his appointment.
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0005| Section 7. [NEW MATERIAL] SECRETARY--DUTIES AND
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0006| GENERAL POWERS.--
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0007| A. The secretary is responsible to the governor for
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0008| the operation of the department. It is his duty to manage all
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0009| operations of the department and to administer and enforce the
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0010| laws with which he or the department is charged.
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0011| B. To perform his duties, the secretary has every
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0012| power expressly enumerated in the laws whether granted to the
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0013| secretary or the department or any division of the department
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0014| except when authority conferred upon any division is explicitly
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0015| exempted from the secretary's authority by statute. In
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0016| accordance with these provisions, the secretary shall:
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0017| (1) exercise general supervisory and appointing
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0018| authority over all department employees, subject to any
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0019| applicable personnel laws and regulations;
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0020| (2) delegate authority to subordinates as he
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0021| deems necessary and appropriate, clearly delineating the
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0022| delegated authority and any limitations on it;
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0023| (3) organize the department into those
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0024| organizational units he deems will enable it to function most
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0025| efficiently, subject to any provisions of law requiring or
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0001| establishing specific organizational units;
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0002| (4) within the limitations of available
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0003| appropriations and applicable laws, employ and fix the
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0004| compensation of those persons necessary to discharge his
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0005| duties;
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0006| (5) take administrative action by issuing orders and
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0007| instructions, not inconsistent with the law, to assure
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0008| implementation of and compliance with the provisions of law
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0009| with the administration or execution of which he is
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0010| responsible, and to enforce those orders and instructions by
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0011| appropriate administrative action or actions in the court;
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0012| (6) conduct research and studies that will
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0013| improve the operation of the department;
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0014| (7) provide courses of instruction and practical
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0015| training for employees of the department and other persons
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0016| involved in the administration of programs with the objective
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0017| of improving the operations and efficiency of administration;
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0018| (8) prepare an annual budget of the department;
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0019| (9) provide cooperation, at the request of heads
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0020| of administratively attached agencies, in order to:
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0021| (a) minimize or eliminate duplication of
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0022| services and jurisdictional conflicts;
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0023| (b) coordinate activities and resolve
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0024| problems of mutual concern; and
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0025| (c) resolve by agreement the manner and
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0001| extent to which the department shall provide budgeting,
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0002| recordkeeping and related clerical assistance to
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0003| administratively attached agencies, if any;
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0004| (10) appoint, with the governor's consent, for
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0005| each division, a director, who shall be exempt from the
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0006| provisions of the Personnel Act and shall serve at the pleasure
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0007| of the secretary;
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0008| (11) give bond in the penal sum of twenty-five
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0009| thousand dollars ($25,000) and require directors to each give
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0010| bond in the penal sum of ten thousand dollars ($10,000)
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0011| conditioned upon the faithful performance of duties as provided
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0012| in the Surety Bond Act with the department paying the cost of
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0013| such bonds;
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0014| (12) require performance bonds of such employees
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0015| and officers as he deems necessary as provided in the Surety
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0016| Bond Act with the department paying the costs of such bonds;
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0017| and
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0018| (13) enter into contracts.
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0019| C. The secretary may bring suit on behalf of the
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0020| department, and the secretary, the department and its employees
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0021| may be sued subject to the provisions of the Tort Claims Act.
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0022| D. The secretary may apply for and receive, with the
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0023| governor's approval, in the name of the department, any public
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0024| or private funds.
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0025| E. If functions of state government departments
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0001| overlap a function of the department or a function assigned to
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0002| the department could better be performed by another state
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0003| government department or a function assigned to another state
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0004| government department could best be performed by the
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0005| department, the secretary may recommend appropriate legislation
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0006| to re-allocate those functions to the next session of the
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0007| legislature for its consideration.
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0008| F. The secretary may adopt and promulgate reasonable
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0009| rules and regulations necessary to carry out the duties of the
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0010| department and its divisions. A rule or regulation adopted by
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0011| a division director in carrying out the functions and duties of
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0012| the division shall not be effective until approved by the
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0013| secretary unless otherwise provided explicitly by statute.
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0014| Unless otherwise provided explicitly by statute, no regulation
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0015| affecting any person or agency outside the department shall be
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0016| adopted, amended or repealed without a public hearing on the
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0017| proposed action before the secretary or a hearing officer
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0018| designated by him. The public hearing shall be held in Santa
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0019| Fe unless otherwise permitted by statute. Notice of the
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0020| subject matter of the regulation, the action proposed to be
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0021| taken, the time and place of the hearing, the manner in which
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0022| interested persons may present their views and the method by
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0023| which copies of the proposed regulation, proposed amendment or
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0024| repeal of an existing regulation may be obtained shall be
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0025| published once at least thirty days prior to the hearing date
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0001| in a newspaper of general circulation in the state and mailed
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0002| at least thirty days prior to the hearing date to all persons
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0003| who have made a written request for advance notice of hearing.
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0004| G. All rules and regulations shall be filed in
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0005| accordance with the State Rules Act.
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0006| Section 8. [NEW MATERIAL] ADMINISTRATIVELY ATTACHED
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0007| AGENCIES, BOARDS AND COMMISSIONS.--The human rights commission,
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0008| the labor and industrial commission, the workforce development
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0009| board, the New Mexico youth conservation corps commission, the
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0010| occupational health and safety review commission, the New
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0011| Mexico office of Indian affairs and the commission on the
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0012| status of women are administratively attached to the department
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0013| and shall have the status of administratively attached agencies
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0014| pursuant to the provisions of the Executive Reorganization Act.
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0015| Section 9. [NEW MATERIAL] DIRECTORS.--The secretary
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0016| shall appoint, with the approval of the governor, directors of
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0017| the divisions established within the department.
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0018| Section 10. [NEW MATERIAL] BUREAUS--CHIEFS.--The
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0019| secretary shall establish within each division those bureaus as
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0020| he deems necessary to carry out the provisions of the Workforce
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0021| Development Department Act. He shall employ a chief to be
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0022| administrative head of each bureau.
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0023| Section 11. [NEW MATERIAL] PERSONNEL ACT COVERAGE.--
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0024| All employees and positions in the department, except for the
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0025| positions of secretary, division director and other positions
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0001| expressly permitted pursuant to the Personnel Act and
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0002| designated as exempt by the secretary shall be covered by and
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0003| shall be subject to the provisions of the Personnel Act.
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0004| Section 12. [NEW MATERIAL] COOPERATION WITH THE
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0005| FEDERAL GOVERNMENT--AUTHORITY OF SECRETARY--SINGLE STATE AGENCY
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0006| STATUS.--
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0007| A. The department is authorized to cooperate with the
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0008| federal government in the administration of employment,
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0009| training and public assistance programs under the jurisdiction
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0010| of the department in which financial or other participation by
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0011| the federal government is authorized or mandated pursuant to
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0012| federal laws, regulations, rules or orders. The secretary may
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0013| enter into agreements with agencies of the federal government
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0014| to implement employment, training and public assistance
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0015| programs subject to availability of appropriated state funds
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0016| and any provisions of state laws applicable to those agreements
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0017| or participation by the state.
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0018| B. The governor or the secretary may designate the
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0019| department or an organizational unit of the department as the
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0020| single state agency for the administration of any employment,
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0021| training or public assistance program, either in the governor's
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0022| or the secretary's discretion or when the designation is a
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0023| condition of federal financial or other participation in the
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0024| program under federal law, regulation, rule or order. No
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0025| designation of a single state agency under the authority
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0001| granted in this subsection shall be made in contravention of
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0002| state law.
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0003| Section 13. [NEW MATERIAL] ADVISORY COMMITTEES.--The
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0004| secretary, with the consent of the governor, may create
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0005| advisory committees in accordance with the provisions of
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0006| Section 9-1-9 NMSA 1978. The secretary shall appoint the
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0007| members of the advisory committees with the consent of the
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0008| governor. If the existence of an advisory committee, its
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0009| representational membership requirements or other matters are
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0010| required or specified under any federal law, regulation, rule
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0011| or order as a condition for receiving federal funds for any
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0012| program administered by the department, the secretary and the
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0013| governor shall comply with those requirements in creating the
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0014| advisory committee.
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0015| Section 14. [NEW MATERIAL] ORGANIZATIONAL UNITS OF THE
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0016| DEPARTMENT--POWERS AND DUTIES SPECIFIED BY LAW--ACCESS TO
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0017| INFORMATION.--
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0018| A. Those organizational units of the department and
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0019| the officers of those units specified by law shall have all the
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0020| powers and duties enumerated in the specific laws assigned to
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0021| their organizational units for administration. However, the
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0022| carrying out of those powers and duties shall be subject to the
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0023| direction and supervision of the secretary, and the secretary
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0024| shall retain the final decision-making authority and
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0025| responsibility in accordance with the provisions of Subsection
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0001| B of Section 7 of the Workforce Development Department Act.
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0002| The department shall be given access to all records, data and
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0003| information of other departments, agencies and institutions not
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0004| specifically made confidential by law.
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0005| B. Subject to the provisions of Subsection B of
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0006| Section 7 of the Workforce Development Department Act:
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0007| (1) the employment security division has the
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0008| powers and duties conferred by law upon the former employment
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0009| security division of the labor department;
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0010| (2) the income support division has the powers
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0011| and duties conferred by law upon the former income support
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0012| division of the human services department;
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0013| (3) the child support enforcement division has
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0014| the powers and duties conferred by law upon the former child
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0015| support enforcement division of the human services department;
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0016| (4) the medical assistance division has the
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0017| powers and duties conferred by law upon the former medical
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0018| assistance division of the human services department; and
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0019| (5) the programs division has the powers and
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0020| duties conferred upon the former labor and industrial division
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0021| and human rights division of the labor department, the
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0022| occupational health and safety bureau of the department of
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0023| environment, the youth conservation corps unit of the energy,
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0024| minerals and natural resources department and the americorps
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0025| unit of the children, youth and families department.
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0001| Section 15. Section 9-5B-3 NMSA 1978 (being Laws 1992,
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0002| Chapter 91, Section 3) is amended to read:
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0003| "9-5B-3. DEFINITIONS.--As used in the New Mexico Youth
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0004| Conservation Corps Act:
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0005| A. "commission" means the New Mexico youth
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0006| conservation corps commission;
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0007| B. "corps" means the New Mexico youth conservation
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0008| corps;
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0009| C. "corps member" means a person enrolled in the
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0010| corps;
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0011| D. "department" means the [energy, minerals and
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0012| natural resources] workforce development department;
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0013| E. "nonprofit organization" means any organization
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0014| that has been granted an exemption from federal income tax by
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0015| the United States commissioner of internal revenue as an
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0016| organization described in Section 501(c) of the United States
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0017| Internal Revenue Code of 1986, as amended or renumbered;
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0018| F. "project" means an activity that can be completed
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0019| in six months or less, results in a specific identifiable
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0020| service or product that otherwise would not be accomplished
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0021| with existing funds and does not duplicate the routine services
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0022| or functions of the sponsor;
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0023| G. "resident" means an individual who has resided in
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0024| New Mexico for at least six months before applying for
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0025| employment with the corps; and
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0001| H. "sponsor" means any local unit of government,
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0002| state agency, federal agency, nonprofit organization or
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0003| federally recognized [Native American] Indian nation, tribe
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0004| or pueblo."
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0005| Section 16. Section 9-5B-5 NMSA 1978 (being Laws 1992,
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0006| Chapter 91, Section 5) is amended to read:
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0007| "9-5B-5. COMMISSION CREATED--MEMBERSHIP--APPOINTMENTS--
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0008| TERMS--VACANCIES--COMPENSATION.--
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0009| A. There is created a nine-member "New Mexico youth
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0010| conservation corps commission" [which] that is
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0011| administratively attached to the department. The commission
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0012| consists of the following members:
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0013| (1) the superintendent of public instruction or
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0014| his designee;
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0015| (2) the commissioner of public lands or his
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0016| designee;
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0017| (3) the secretary of [energy, minerals and
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0018| natural resources] workforce development or his designee;
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0019| (4) the secretary of [the youth authority]
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0020| children, youth and families or his designee; and
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0021| (5) five members of the general public appointed
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0022| by the governor to reflect the geographic diversity of the
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0023| state, one of whom is knowledgeable in the current policies of
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0024| the United States forest service and one of whom is Native
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0025| American.
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0001| B. One [of the members] public member of the
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0002| commission shall be appointed by the governor for a one-year
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0003| term, two public members shall be appointed for two-year
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0004| terms and two public members shall be appointed for three-
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0005| year terms [and]. All subsequent appointments of public
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0006| members shall be made for three-year terms.
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0007| C. The public members shall serve at the pleasure of
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0008| the governor. Vacancies on the commission caused by the loss
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0009| of a public member shall be filled by appointment by the
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0010| governor for the unexpired term within sixty days of the
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0011| vacancy. Public commission members shall serve until their
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0012| successors have been appointed.
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0013| D. A majority of the members of the commission
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0014| constitutes a quorum for transaction of business. The
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0015| commission shall elect a chairman from its membership.
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0016| E. Members of the commission shall be compensated as
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0017| provided in the Per Diem and Mileage Act and shall receive no
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0018| other compensation, perquisite or allowance."
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0019| Section 17. Section 9-7A-14 NMSA 1978 (being Laws 1977,
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0020| Chapter 253, Section 78, as amended) is amended to read:
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0021| "9-7A-14. OCCUPATIONAL HEALTH AND SAFETY REVIEW
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0022| COMMISSION--EXEMPTIONS FROM AUTHORITY OF SECRETARY OF
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0023| [ENVIRONMENT] WORKFORCE DEVELOPMENT.--The occupational
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0024| health and safety review commission shall receive staff support
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0025| from the workforce development department [of environment].
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0001| All powers, duties and responsibilities of the occupational
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0002| health and safety review commission under Sections 50-9-9, 50-
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0003| 9-17 and 50-9-24 NMSA 1978 are hereby explicitly exempted from
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0004| the authority of the secretary of workforce development under
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0005| provisions of Subsection B of Section [6 of The Department of
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0006| Environment Act] 9-7A-6 NMSA 1978."
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0007| Section 18. Section 13-4-11 NMSA 1978 (being Laws 1965,
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0008| Chapter 35, Section 1, as amended) is amended to read:
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0009| "13-4-11. MINIMUM WAGES ON PUBLIC WORKS--WEEKLY PAYMENT--
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0010| POSTING WAGE SCALE--WITHHOLDING FUNDS.--Every contract or
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0011| project in excess of twenty thousand dollars ($20,000) to which
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0012| the state or any political subdivision thereof is a party for
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0013| construction, alteration, demolition or repair or any
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0014| combination of these, including painting and decorating, of
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0015| public buildings, public works or public roads of the state and
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0016| [which] that requires or involves the employment of
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0017| mechanics, laborers or both shall contain a provision stating
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0018| the minimum wages to be paid to various classes of laborers and
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0019| mechanics, which shall be based upon the wages that will be
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0020| determined by the [director of the] labor and industrial
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0021| [division] bureau of the [labor] workforce development
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0022| department to be prevailing for the corresponding classes of
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0023| laborers and mechanics employed on contract work of a similar
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0024| nature in the state or locality, and every contract or project
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0025| shall contain a stipulation that the contractor, subcontractor,
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0001| employer or any person acting as a contractor shall pay all
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0002| mechanics and laborers employed on the site of the project,
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0003| unconditionally and not less often than once a week and without
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0004| subsequent unlawful deduction or rebate on any account, the
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0005| full amounts accrued at time of payment computed at wage rates
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0006| not less than those stated in the minimum wage rates issued for
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0007| the project.
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0008| A. For the purpose of making wage determinations, the
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0009| [director of the] labor and industrial [division] bureau
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0010| of the [labor] workforce development department shall
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0011| conduct a continuing program for the obtaining and compiling of
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0012| wage-rate information and shall encourage the voluntary
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0013| submission of wage-rate data by contractors, contractors'
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0014| associations, labor organizations, interested persons and
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0015| public officers. Before making a determination of wage rates
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0016| for any project, [he] the bureau shall give due regard to
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0017| the information thus obtained. Whenever the [director]
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0018| bureau deems that the data at hand are insufficient to make a
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0019| wage determination, [he] it may have a field survey
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0020| conducted for the purpose of obtaining sufficient information
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0021| upon which to make determination of wage rates. Any interested
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0022| person shall have the right to submit to the [director]
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0023| bureau written data, views and arguments why the wage
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0024| determination should be changed.
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0025| B. The scale of wages to be paid shall be posted by
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0001| the contractor or person acting as a contractor in a prominent
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0002| and easily accessible place at the site of the work; and it is
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0003| further provided that there may be withheld from the
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0004| contractor, subcontractor, employer or any person acting as a
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0005| contractor so much of accrued payments as may be considered
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0006| necessary by the contracting officer to pay to laborers and
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0007| mechanics employed on the project the difference between the
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0008| rates of wages required by the [director of the] labor and
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0009| industrial [division] bureau of the [labor] workforce
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0010| development department to be paid to laborers and mechanics on
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0011| the work and the rates of wages received by such laborers and
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0012| mechanics and not refunded to the contractor, subcontractor,
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0013| employer or any person acting as a contractor or their agents.
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0014| C. The [director of the] labor and industrial
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0015| [division] bureau of the [labor] workforce development
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0016| department shall have authority to issue rules and regulations
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0017| necessary to administer and accomplish the purposes of the
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0018| Public Works Minimum Wage Act."
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0019| Section 19. Section 13-4-12 NMSA 1978 (being Laws 1965,
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0020| Chapter 35, Section 2, as amended) is amended to read:
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0021| "13-4-12. DEFINITION OF THE TERM "WAGES".--
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0022| A. As used in Section 13-4-11 NMSA 1978, "wages",
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0023| "scale of wages", "wage rates" and "minimum wages" [and
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0024| "prevailing wages"] include:
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0025| (1) the basic hourly rate of pay; and
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0001| (2) the amount of:
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0002| (a) the rate of contribution irrevocably
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0003| made by a contractor, subcontractor, employer or any person
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0004| acting as a contractor to a trustee or a third person pursuant
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0005| to a fund, plan or program; and
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0006| (b) the rate of costs to a contractor,
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0007| subcontractor, employer or any person acting as a contractor
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0008| [which] that reasonably may be anticipated in providing
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0009| benefits to laborers and mechanics pursuant to an enforceable
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0010| commitment to carry out a financially responsible plan or
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0011| program [which] that was communicated in writing to the
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0012| laborers and mechanics affected for: 1) medical or hospital
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0013| care; 2) pensions on retirement or death; 3) compensation for
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0014| injuries or illness resulting from occupational activity; or 4)
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0015| insurance to provide for any of the foregoing; and for: 5)
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0016| unemployment benefits; 6) life insurance; 7) disability and
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0017| sickness insurance; 8) accident insurance; 9) vacation and
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0018| holiday pay; 10) costs of apprenticeship or other similar
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0019| programs; or for 11) other bona fide fringe benefits; but only
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0020| where the contractor, subcontractor, employer or any person
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0021| acting as a contractor is not required by other federal, state
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0022| or local law to provide any of the foregoing or similar
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0023| benefits.
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0024| B. The obligation of a contractor, subcontractor,
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0025| employer or person acting as a contractor to make payment in
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0001| accordance with the prevailing wage determinations of the
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0002| [director of the] labor and industrial [division] bureau
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0003| of the [labor] workforce development department, insofar as
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0004| Section 13-4-11 NMSA 1978 or other sections of legislative acts
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0005| incorporating Section 13-4-11 NMSA 1978 are concerned, may be
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0006| discharged by:
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0007| (1) the making of payments in cash;
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0008| (2) the making of contributions of a type
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0009| referred to in Subparagraph (a) of Paragraph (2) of Subsection
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0010| A of this section; or
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0011| (3) the assumption of an enforceable commitment
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0012| to bear the costs of a plan or program of a type referred to in
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0013| Subparagraph (b) of Paragraph (2) of Subsection A of this
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0014| section or any combination thereof where the aggregate of any
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0015| payments or contributions and costs therefor is not less than
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0016| the rate of pay described in Section 13-4-11 NMSA 1978 plus the
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0017| amount referred to in this section.
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0018| [C. The provisions of this section shall not affect
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0019| existing contracts or contracts resulting from bids outstanding
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0020| on July 15, 1965]"
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0021| Section 20. Section 13-4-13 NMSA 1978 (being Laws 1965,
|
0022| Chapter 35, Section 3, as amended) is amended to read:
|
0023| "13-4-13. FAILURE TO PAY MINIMUM WAGE--TERMINATION OF
|
0024| CONTRACT.--Every contract within the scope of the Public Works
|
0025| Minimum Wage Act shall contain further provision that in the
|
0001| event it is found by [the director of] the labor and
|
0002| industrial [division] bureau of the [labor] workforce
|
0003| development department that any laborer or mechanic employed
|
0004| on the site of the project has been or is being paid as a
|
0005| result of a willful violation a rate of wages less than the
|
0006| rate of wages required, the contracting agency may, by written
|
0007| notice to the contractor, subcontractor, employer or person
|
0008| acting as a contractor terminate their right to proceed with
|
0009| the work or such part of the work as to which there has been a
|
0010| willful failure to pay the required wages, and the contracting
|
0011| agency may prosecute the work to completion by contract or
|
0012| otherwise, and the contractor or person acting as a contractor
|
0013| and his sureties shall be liable to the state for any excess
|
0014| costs occasioned thereby. Any party receiving notice of
|
0015| termination of his project or subcontract under the provisions
|
0016| of this section may appeal the finding of the [director]
|
0017| bureau as provided in the Public Works Minimum Wage Act."
|
0018| Section 21. Section 13-4-14 NMSA 1978 (being Laws 1965,
|
0019| Chapter 35, Section 4, as amended) is amended to read:
|
0020| "13-4-14. PAYMENT OF WAGES FROM FUNDS WITHHELD--LIST OF
|
0021| CONTRACTORS VIOLATING ACT--ADDITIONAL RIGHT OF WAGE EARNERS.--
|
0022| A. The [director of the] labor and industrial
|
0023| [division] bureau of the [labor] workforce development
|
0024| department shall certify to the contracting agency the names of
|
0025| persons or firms he has found to have disregarded their
|
0001| obligations to employees under the Public Works Minimum Wage
|
0002| Act and the amount of arrears. The contracting agency is
|
0003| authorized and directed to pay or cause to be paid to the
|
0004| affected laborers and mechanics, from any accrued payments
|
0005| withheld under the terms of the contract or designated for the
|
0006| project, any wages found due such workmen pursuant to the
|
0007| Public Works Minimum Wage Act. The [director] bureau
|
0008| shall, after notice to the affected persons, distribute a list
|
0009| to all departments of the state giving the names of persons or
|
0010| firms [he has] found to have willfully violated the Public
|
0011| Works Minimum Wage Act. No contract or project shall be
|
0012| awarded to the persons or firms appearing on this list or to
|
0013| any firm, corporation, partnership or association in which the
|
0014| persons or firms have an interest until three years have
|
0015| elapsed from the date of publication of the list containing the
|
0016| names of the persons or firms. Any person to be included on
|
0017| the list to be distributed may appeal the finding of the
|
0018| [director] bureau as provided in the Public Works Minimum
|
0019| Wage Act.
|
0020| B. If the accrued payments withheld under the terms
|
0021| of the contract, as mentioned in Subsection A of this section,
|
0022| are insufficient to reimburse all the laborers and mechanics
|
0023| with respect to whom there has been a failure to pay the wages
|
0024| required pursuant to the Public Works Minimum Wage Act, the
|
0025| laborers and mechanics shall have the right of action or
|
0001| intervention or both against the contractor or person acting as
|
0002| a contractor and his sureties, conferred by law upon such
|
0003| persons furnishing labor and materials, and, in such
|
0004| proceeding, it shall be no defense that the laborers and
|
0005| mechanics accepted or agreed to less than the required rate of
|
0006| wages or voluntarily made refunds. The [director of the]
|
0007| labor and industrial [division] bureau of the [labor]
|
0008| workforce development department shall refer such matters to
|
0009| the district attorney in the appropriate county, and it is the
|
0010| duty and responsibility of the district attorney to bring civil
|
0011| suit for wages due and liquidated damages provided for in
|
0012| Subsection C of this section.
|
0013| C. In the event of any violation of the Public Works
|
0014| Minimum Wage Act, the contractor, subcontractor, employer or
|
0015| any person acting as a contractor responsible for the violation
|
0016| shall be liable to any affected employee for his unpaid wages.
|
0017| In addition, the contractor, subcontractor, employer or any
|
0018| person acting as a contractor shall be liable to any affected
|
0019| employee for liquidated damages in the sum of ten dollars
|
0020| ($10.00) for each calendar day on which a contractor,
|
0021| subcontractor, employer or any person acting as a contractor
|
0022| has willfully required or permitted an individual laborer or
|
0023| mechanic to work in violation of the provisions of the Public
|
0024| Works Minimum Wage Act."
|
0025| Section 22. Section 13-4-15 NMSA 1978 (being Laws 1963,
|
0001| Chapter 304, Section 5, as amended) is amended to read:
|
0002| "13-4-15. APPEALS.--
|
0003| A. Any interested person may appeal any
|
0004| determination, finding or action of the [director of the]
|
0005| labor and industrial [division] bureau of the [labor]
|
0006| workforce development department made pursuant to the Public
|
0007| Works Minimum Wage Act to the labor and industrial commission
|
0008| sitting as the appeals board by filing notice of the appeal
|
0009| with the [director] chief of the labor and industrial
|
0010| bureau within fifteen days after the determination has been
|
0011| issued or notice of the finding or action has been given as
|
0012| provided in the Public Works Minimum Wage Act.
|
0013| B. The labor and industrial commission, sitting as
|
0014| the appeals board, shall adopt such rules and regulations as it
|
0015| deems necessary for the prompt disposition of appeals. A copy
|
0016| of the rules and regulations shall be filed [with the
|
0017| librarian of the supreme court library] in accordance with
|
0018| the State Rules Act.
|
0019| C. The appeals board, within ten days after the
|
0020| filing of the appeal, shall set the matter for an oral hearing
|
0021| within thirty days and, following such hearing, shall enter a
|
0022| decision within ten days after the close of the hearing and
|
0023| promptly mail copies of the decision to the parties.
|
0024| D. Decisions of the appeals board may be reviewed by
|
0025| the district court in Santa Fe county or in the county in which
|
0001| the contract affected is to be performed. Proceedings for
|
0002| review shall be instituted by filing a petition in the court
|
0003| within thirty days after mailing notice of the final decision
|
0004| of the board. Copies of the petition shall be served upon the
|
0005| [director] chief of the labor and industrial [division]
|
0006| bureau of the [labor] workforce development department
|
0007| and all parties of record. The review shall be conducted by
|
0008| the court without a jury and shall be confined to the record of
|
0009| the proceedings before the board. The findings of fact of the
|
0010| board shall be binding upon the district court when supported
|
0011| by substantial evidence. The court may affirm the decision of
|
0012| the board or remand the case for further proceedings. The
|
0013| court may reserve or modify the decision because the
|
0014| administrative findings, inferences, conclusions or decisions
|
0015| are:
|
0016| (1) in violation of constitutional or statutory
|
0017| provisions;
|
0018| (2) in excess of the statutory authority of the
|
0019| board;
|
0020| (3) made upon unlawful procedure;
|
0021| (4) affected by other error of law;
|
0022| (5) clearly erroneous in view of the reliable
|
0023| probative and substantial evidence on the whole record; or
|
0024| (6) arbitrary or capricious or characterized by
|
0025| abusive discretion or clearly unwarranted exercise of
|
0001| discretion.
|
0002| An aggrieved party may obtain a review of any final
|
0003| judgment of the district court made pursuant to the Public
|
0004| Works Minimum Wage Act by appeal to the [supreme] court of
|
0005| appeals, which shall be taken as in other civil cases."
|
0006| Section 23. Section 27-1-1 NMSA 1978 (being Laws 1977,
|
0007| Chapter 252, Section 16) is amended to read:
|
0008| "27-1-1. DEFINITIONS.--As used in Articles 1 and 2 of
|
0009| Chapter [13 NMSA 1953] 27 NMSA 1978, "department",
|
0010| "department of public welfare", "state department of public
|
0011| welfare", "New Mexico department of public welfare", "state
|
0012| board of public welfare", "board of public welfare", "state
|
0013| board", "state department", "health and social services
|
0014| department", "human services department", "department of
|
0015| health and social services", "health and social services board"
|
0016| and "board" mean the [human services] workforce development
|
0017| department."
|
0018| Section 24. Section 27-1-3 NMSA 1978 (being Laws 1937,
|
0019| Chapter 18, Section 4, as amended) is amended to read:
|
0020| "27-1-3. ACTIVITIES OF [HUMAN SERVICES] WORKFORCE
|
0021| DEVELOPMENT DEPARTMENT.--The [human services] department
|
0022| shall be charged with the administration of all the welfare
|
0023| activities of the state as provided in Chapter 27 NMSA 1978,
|
0024| except as otherwise provided for by law. The [human
|
0025| services] department shall, except as otherwise provided by
|
0001| law:
|
0002| A. administer [old age assistance, aid to dependent
|
0003| children, assistance to the needy blind and otherwise
|
0004| handicapped and general relief] financial assistance
|
0005| programs, including aid to dependent children and general
|
0006| assistance;
|
0007| [B. administer all aid or services to crippled chil-
|
0008|
|
0009| dren, including the extension and improvement of services for
|
0010| crippled children, insofar as practicable under conditions in
|
0011| this state, provide for locating children who are crippled or
|
0012| who are suffering from conditions which lead to crippling,
|
0013| provide corrective and any other services and care and
|
0014| facilities for diagnosis, hospitalization and after-care for
|
0015| children who are crippled or who are suffering from conditions
|
0016| which lead to crippling, and supervise the administration of
|
0017| those services which are not administered directly by the
|
0018| department;
|
0019| C.] B. administer and supervise all child welfare
|
0020| activities, service to children placed for adoption, service
|
0021| and care of homeless, dependent and neglected children, service
|
0022| and care for children in foster family homes or in institutions
|
0023| because of dependency or delinquency and care and service to
|
0024| any child who because of physical or mental defect may need
|
0025| such service;
|
0001| [D.] C. formulate detailed plans, make rules and
|
0002| regulations and take action deemed necessary or desirable to
|
0003| carry out the provisions of Chapter 27 NMSA 1978 and which is
|
0004| not inconsistent with the provisions of that chapter;
|
0005| [E.] D. cooperate with the federal government in
|
0006| matters of mutual concern pertaining to public welfare and
|
0007| public assistance, including the adoption of such methods of
|
0008| administration as are found by the federal government to be
|
0009| necessary for the efficient operation of the plan for public
|
0010| welfare and assistance;
|
0011| [F.] E. assist other departments, agencies and
|
0012| institutions of local, state and federal governments when so
|
0013| requested, cooperate with such agencies when expedient in
|
0014| performing services in conformity with the purposes of Chapter
|
0015| 27 NMSA 1978 and cooperate with medical, health, nursing and
|
0016| welfare groups, any state agency charged with the
|
0017| administration of laws providing for vocational rehabilitation
|
0018| of physically handicapped persons and organizations within the
|
0019| state;
|
0020| [G.] F. act as the agent of the federal
|
0021| government in welfare matters of mutual concern in conformity
|
0022| with the provisions of Chapter 27 NMSA 1978 and in the
|
0023| administration of any federal funds granted to this state, to
|
0024| aid in furtherance of [any such] those functions of the
|
0025| state government;
|
0001| [H.] G. establish [in counties or in districts,
|
0002| which may include two or more counties] local units of
|
0003| administration [to serve as agents of the department]; and
|
0004| [I. at its discretion, establish local boards of
|
0005| public welfare for such territory as it may see fit and by rule
|
0006| and regulation prescribe the duties of the local board;
|
0007| J. administer such other public welfare functions as
|
0008| may be assumed by the state after the effective date of this
|
0009| section;
|
0010| K.] H. carry on research and compile statistics
|
0011| relative to [the entire] public [welfare program throughout
|
0012| the state] assistance programs, including [all phases of]
|
0013| dependency [defectiveness, delinquency] and related problems
|
0014| and develop plans in cooperation with other public and private
|
0015| agencies for the prevention as well as treatment of conditions
|
0016| giving rise to the need for public [welfare problems]
|
0017| assistance programs.
|
0018| [L. inspect and require reports from all private
|
0019| institutions, boarding homes and agencies providing assistance,
|
0020| care or other direct services to children who are crippled,
|
0021| neglected, delinquent or dependent, the aged, blind, feeble-
|
0022| minded and other dependent persons.
|
0023| Nothing contained in this section shall be construed to
|
0024| authorize the department to establish or prescribe standards or
|
0025| regulations for or otherwise regulate programs or services to
|
0001| children in group homes as defined in Section 9-8-13 NMSA
|
0002| 1978.]"
|
0003| Section 25. Section 27-1-3.1 NMSA 1978 (being Laws 1980,
|
0004| Chapter 83, Section 1) is amended to read:
|
0005| "27-1-3.1. ACUTE CARE BED USAGE--FUNDING AUTHORIZATION.--
|
0006| The [human services] workforce development department is
|
0007| authorized to accept and use federal grants or matching funds
|
0008| for the purpose of reimbursement to certain rural hospitals for
|
0009| using empty acute care beds for intermediate care and skilled
|
0010| nursing care, as defined in federal statutes and regulations,
|
0011| subject to federal approval and the availability of funds. The
|
0012| department is authorized to use funds from existing
|
0013| appropriations for matching federal funds for the purposes of
|
0014| this [act] section."
|
0015| Section 26. Section 27-1-3.1 NMSA 1978 (being Laws 1980,
|
0016| Chapter 83, Section 1, as amended and as further amended by
|
0017| Section 25 of this act) is repealed and a new Section 27-1-3.1
|
0018| NMSA 1978 is enacted to read:
|
0019| "27-1-3.1 [NEW MATERIAL] ACUTE CARE BED USAGE--FUNDING
|
0020| AUTHORIZATION.--The department of health is authorized to
|
0021| accept and use federal grants or matching funds for the purpose
|
0022| of reimbursement to certain rural hospitals for using empty
|
0023| acute care beds for intermediate care and skilled nursing care,
|
0024| as defined in federal statutes and regulations, subject to
|
0025| federal approval and the availability of funds. The department
|
0001| of health is authorized to use funds from existing
|
0002| appropriations for matching federal funds for the purposes of
|
0003| this act."
|
0004| Section 27. Section 27-2-1 NMSA 1978 (being Laws 1973,
|
0005| Chapter 376, Section 1) is amended to read:
|
0006| "27-2-1. SHORT TITLE.--Sections [1 through 20 of this
|
0007| act and Sections 13-1-9, 13-1-10, 13-1-12, 13-1-13, 13-1-17,
|
0008| 13-1-18, 13-1-18.1, 13-1-19, 13-1-20, 13-1-20.1, 13-1-21,
|
0009| 13-1-22, 13-1-27, 13-1-27.2, 13-1-27.3, 13-1-27.4, 13-1-28,
|
0010| 13-1-28.6, 13-1-29, 13-1-30, 13-1-34, 13-1-35, 13-1-37, 13-1-
|
0011| 39, 13-1-40, 13-1-41 and 13-1-42 NMSA 1953] 27-2-1 through
|
0012| 27-2-36 NMSA 1978 may be cited as the "Public Assistance
|
0013| Act"."
|
0014| Section 28. Section 27-2-2 NMSA 1978 (being Laws 1973,
|
0015| Chapter 376, Section 2, as amended) is amended to read:
|
0016| "27-2-2. DEFINITIONS.--As used in the Public Assistance
|
0017| Act:
|
0018| [A. "department" means the human services
|
0019| department;
|
0020| B. "board" means the human services department;
|
0021| C.] A. "director" means the secretary of [human
|
0022| services] workforce development;
|
0023| [D.] B. "local office" means the county or
|
0024| district office of the [human services] workforce
|
0025| development department;
|
0001| [E.] C. "public welfare" or "public assistance"
|
0002| means any aid or relief granted to or on behalf of an eligible
|
0003| person under the Public Assistance Act and regulations issued
|
0004| pursuant to that act;
|
0005| [F.] D. "applicant" means a person who has
|
0006| applied for assistance or services under the Public Assistance
|
0007| Act;
|
0008| [G.] E. "recipient" means a person who is
|
0009| receiving assistance or services under the Public Assistance
|
0010| Act;
|
0011| [H.] F. "federal act" means the federal Social
|
0012| Security Act, as may be amended from time to time, and
|
0013| regulations issued pursuant to that act; and
|
0014| [I.] G. "secretary" means the secretary of
|
0015| [human services] workforce development."
|
0016| Section 29. Section 27-2-5 NMSA 1978 (being Laws 1973,
|
0017| Chapter 376, Section 5, as amended) is amended to read:
|
0018| "27-2-5. AMOUNT OF GRANT.--
|
0019| A. The amount of an eligible person's maximum grant
|
0020| of public assistance is determined by deducting the total
|
0021| amount of his nonexempt income from the applicable standard of
|
0022| need. However, if the amount of federal and state funds
|
0023| available for public assistance is insufficient to provide the
|
0024| grants for all eligible persons, the amount of grants to
|
0025| eligible persons may be reduced as necessary.
|
0001| B. The secretary [of human services] may set
|
0002| individual and family maximum and minimum grant levels for each
|
0003| program."
|
0004| Section 30. Section 27-2-6.1 NMSA 1978 (being Laws 1978,
|
0005| Chapter 30, Section 1) is amended to read:
|
0006| "27-2-6.1. SUPPLEMENTAL POSTNATAL ASSISTANCE.--The
|
0007| [health and social services] department shall establish a
|
0008| program of supplemental postnatal assistance for those
|
0009| [mentally retarded] developmentally disabled persons who
|
0010| during pregnancy received aid to families with dependent
|
0011| children but whose aid was revoked upon relinquishment of the
|
0012| newly born child for adoption. The supplemental postnatal
|
0013| assistance provided for in this section shall be at the same
|
0014| rate as aid to families with dependent children, but [such]
|
0015| supplemental postnatal assistance shall not exceed a period of
|
0016| sixty days. The [health and social services department]
|
0017| secretary shall adopt and promulgate rules and regulations
|
0018| [in order] to carry out the provisions of this section."
|
0019| Section 31. Section 27-2-6.2 NMSA 1978 (being Laws 1988,
|
0020| Chapter 122, Section 1) is amended to read:
|
0021| "27-2-6.2. PUBLIC ASSISTANCE--EMPLOYMENT AND TRAINING
|
0022| REQUIREMENTS.--
|
0023| A. In the administration of all [food stamp
|
0024| employment and training programs, community work experience
|
0025| programs, work incentive demonstration programs for recipients
|
0001| of aid to families with dependent children and all other] work
|
0002| registration, work incentive or employment and training
|
0003| programs established or conducted by the [human services]
|
0004| department, participation of recipients shall be voluntary
|
0005| except as prohibited by federal law or when mandatory par-
|
0006|
|
0007| ticipation is a requirement in order to secure federal funding
|
0008| for services provided.
|
0009| B. Any waiver requests developed and submitted to the
|
0010| federal government by the [human services] department for
|
0011| [food stamp employment and training programs, community work
|
0012| experience programs, work incentive demonstration programs for
|
0013| recipients of aid to families with dependent children and all
|
0014| other] work registration, work incentive or employment,
|
0015| education and training programs shall include a voluntary
|
0016| program and may also include a mandatory alternative.
|
0017| C. The [human services] department shall adopt
|
0018| and promulgate regulations [which] that shall be published
|
0019| and made available for public notice and comment [which].
|
0020| The regulations shall detail the criteria for mandatory
|
0021| participation and exemptions in accordance with federal law and
|
0022| regulations for persons in work, education, training, job
|
0023| search and work experience programs administered by the [human
|
0024| services] department prior to their implementation.
|
0025| D. The [human services] department shall not place
|
0001| persons in any community work experience or similar program
|
0002| unless:
|
0003| (1) appropriate standards for health, safety and
|
0004| other conditions applicable to the performance of work are met;
|
0005| (2) the program does not result in displacement
|
0006| of persons currently employed; and
|
0007| (3) provision is made for transportation, day
|
0008| care and other costs necessary and directly related to
|
0009| participation in the program."
|
0010| Section 32. Section 27-2-9.1 NMSA 1978 (being Laws 1979,
|
0011| Chapter 401, Section 1, as amended) is amended to read:
|
0012| "27-2-9.1. ADMINISTRATION OF SHELTER CARE SUPPLEMENT.--
|
0013| A. A shelter care supplement shall be provided to
|
0014| those individuals who are recipients of supplemental security
|
0015| income under Title 16 of the federal Social Security Act and
|
0016| who reside in shelter care homes licensed pursuant to
|
0017| regulations of the [health and environment] department of
|
0018| health.
|
0019| B. The [human services] workforce development
|
0020| department is authorized to determine eligibility, compute
|
0021| payment, make payments and otherwise administer the shelter
|
0022| care supplement program.
|
0023| C. The amount of the shelter care supplement payment
|
0024| shall be established by the secretary [of human services]
|
0025| subject to the availability of general funds."
|
0001| Section 33. Section 27-2-12 NMSA 1978 (being Laws 1973,
|
0002| Chapter 376, Section 16, as amended) is amended to read:
|
0003| "27-2-12. MEDICAL ASSISTANCE PROGRAMS.--Consistent with
|
0004| the federal act and subject to the appropriation and
|
0005| availability of federal and state funds, the medical assistance
|
0006| division of the [human services] department may by regulation
|
0007| provide medical assistance, including the services of licensed
|
0008| doctors of oriental medicine and licensed chiropractors, to
|
0009| persons eligible for public assistance programs under the
|
0010| federal act."
|
0011| Section 34. Section 27-2-12 NMSA 1978 (being Laws 1973,
|
0012| Chapter 376, Section 16, as amended and as further amended by
|
0013| Section 33 of this act) is repealed and a new Section 27-2-12
|
0014| NMSA 1978 is enacted to read:
|
0015| "27-2-12. [NEW MATERIAL] MEDICAL ASSISTANCE PROGRAMS.-
|
0016| -
|
0017| Consistent with the federal act and subject to the
|
0018| appropriation and availability of federal and state funds, the
|
0019| department of health may by regulation provide medical
|
0020| assistance, including the services of licensed doctors of
|
0021| oriental medicine and licensed chiropractors, to persons
|
0022| eligible for public assistance programs under the federal act."
|
0023| Section 35. Section 27-2-12.3 NMSA 1978 (being Laws 1987,
|
0024| Chapter 269, Section 1, as amended) is amended to read:
|
0025| "27-2-12.3. MEDICAID REIMBURSEMENT--EQUAL PAY FOR EQUAL
|
0001| PHYSICIANS', DENTISTS', OPTOMETRISTS', PODIATRISTS' AND
|
0002| PSYCHOLOGISTS' SERVICES.--The [human services] department
|
0003| shall establish a rate for the reimbursement of physicians,
|
0004| dentists, optometrists, podiatrists and psychologists for
|
0005| services rendered to medicaid patients that provides equal
|
0006| reimbursement for the same or similar services rendered without
|
0007| respect to the date on which such physician, dentist,
|
0008| optometrist, podiatrist or psychologist entered into practice
|
0009| in New Mexico, the date on which the physician, dentist,
|
0010| optometrist, podiatrist or psychologist entered into an
|
0011| agreement or contract to provide such services or the location
|
0012| in which such services are to be provided in the state;
|
0013| provided, however, that the requirements of this section shall
|
0014| not apply when the [human services] department contracts with
|
0015| entities pursuant to Section 27-2-12.6 NMSA 1978 to negotiate a
|
0016| rate for the reimbursement for services rendered to medicaid
|
0017| patients in the medicaid managed care system."
|
0018| Section 36. Section 27-2-12.3 NMSA 1978 (being Laws 1987,
|
0019| Chapter 269, Section 1, as amended and as further amended by
|
0020| Section 35 of this act) is repealed and a new Section 27-2-12.3
|
0021| NMSA 1978 is enacted to read:
|
0022| "27-2-12.3. [NEW MATERIAL] MEDICAID REIMBURSEMENT--
|
0023| EQUAL PAY FOR EQUAL PHYSICIANS', DENTISTS', OPTOMETRISTS',
|
0024| PODIATRISTS' AND PSYCHOLOGISTS' SERVICES.--The department of
|
0025| health shall establish a rate for the payment of physicians,
|
0001| dentists, optometrists, podiatrists and psychologists for
|
0002| services rendered to medicaid patients that provides equal
|
0003| payment for the same or similar services rendered without
|
0004| respect to the date on which the physician, dentist,
|
0005| optometrist, podiatrist or psychologist entered into practice
|
0006| in New Mexico, the date on which the physician, dentist,
|
0007| optometrist, podiatrist or psychologist entered into an
|
0008| agreement or contract to provide the services or the location
|
0009| in which the services are provided in the state, but the
|
0010| requirements of this section shall not apply when the
|
0011| department of health contracts with entities pursuant to
|
0012| Section 27-2-12.6 NMSA 1978 to pay for services rendered to
|
0013| medicaid patients in the medicaid managed care system."
|
0014| Section 37. Section 27-2-12.4 NMSA 1978 (being Laws 1987,
|
0015| Chapter 214, Section 1) is amended to read:
|
0016| "27-2-12.4. LONG-TERM CARE FACILITIES--NONCOMPLIANCE WITH
|
0017| STANDARDS AND CONDITIONS--SANCTIONS.--
|
0018| A. In addition to any other actions required or
|
0019| permitted by federal law or regulation, the [human services]
|
0020| department shall impose a hold on state medicaid payments to a
|
0021| long-term care facility thirty days after the department of
|
0022| health [and environment department] notifies the [human
|
0023| services] department in writing pursuant to an on-site visit
|
0024| that the long-term care facility is not in substantial
|
0025| compliance with the standards or conditions of participation
|
0001| promulgated by the federal department of health and human
|
0002| services pursuant to which the facility is a party to a
|
0003| medicaid provider agreement, unless the substantial noncom-
|
0004|
|
0005| pliance has been corrected within that thirty-day period or the
|
0006| facility's medicaid provider agreement is terminated or not
|
0007| renewed based in whole or in part on the noncompliance. The
|
0008| written notice shall cite the specific deficiencies that
|
0009| constitute noncompliance.
|
0010| B. The [human services] department shall remove the
|
0011| payment hold imposed under Subsection A of this section when
|
0012| the department of health [and environment department],
|
0013| pursuant to an on-site visit, certifies in writing to the
|
0014| [human services] department that the long-term care facility
|
0015| is in substantial compliance with the standards or conditions
|
0016| of participation pursuant to which the facility is a party to a
|
0017| medicaid provider agreement.
|
0018| C. The [human services] department shall not
|
0019| reimburse any long-term care facility during the payment hold
|
0020| period imposed pursuant to Subsection A of this section for any
|
0021| medicaid recipient-patients who are new admissions and who are
|
0022| admitted on or after the day the hold is imposed and prior to
|
0023| the day the hold is removed.
|
0024| D. If a long-term care facility is certified in
|
0025| writing to be in noncompliance pursuant to Subsection A of this
|
0001| section for the second time in any twelve-month period, the
|
0002| [human services] department shall cancel or refuse to execute
|
0003| the long-term care facility's medicaid provider agreement for a
|
0004| two-month period, unless it can be demonstrated that harm to
|
0005| the patients would result from this action or that good cause
|
0006| exists to allow the facility to continue to participate in the
|
0007| medicaid program. The provisions of this subsection are
|
0008| subject to appeal procedures set forth in federal regulations
|
0009| for nonrenewal or termination of a medicaid provider agreement.
|
0010| E. A long-term care facility shall not charge
|
0011| medicaid recipient-patients, their families or their
|
0012| responsible parties to recoup any payments not received because
|
0013| of a hold on medicaid payments imposed pursuant to this
|
0014| section.
|
0015| F. This section [shall not be construed to] does
|
0016| not affect any other provisions for medicaid provider
|
0017| agreement termination, nonrenewal, due process and appeal
|
0018| pursuant to federal law or regulation.
|
0019| G. As used in this section:
|
0020| (1) "day" means a twenty-four hour period
|
0021| beginning at midnight and ending one second before midnight;
|
0022| (2) "long-term care facility" means any
|
0023| intermediate care facility or skilled nursing facility
|
0024| [which] that is licensed by the department of health
|
0025| [and environment department] and [which] that is medicaid
|
0001| certified;
|
0002| (3) "new admissions" means medicaid recipients
|
0003| who have never been in the long-term care facility or, if
|
0004| previously admitted, had been discharged or had voluntarily
|
0005| left the facility. The term does not include:
|
0006| (a) individuals who were in the long-term
|
0007| care facility before the effective date of the hold on medicaid
|
0008| payments and became eligible for medicaid after that date; and
|
0009| (b) individuals who, after a temporary
|
0010| absence from the facility, are readmitted to beds reserved for
|
0011| them in accordance with federal regulations; and
|
0012| (4) "substantial compliance" means the condition
|
0013| of having no cited deficiencies or having only those cited
|
0014| deficiencies [which] that:
|
0015| (a) are not inconsistent with any federal
|
0016| statutory requirement;
|
0017| (b) do not interfere with adequate patient
|
0018| care;
|
0019| (c) do not represent a hazard to the
|
0020| patients' health or safety;
|
0021| (d) are capable of correction within a
|
0022| reasonable period of time; and
|
0023| (e) are ones [which] that the long-term
|
0024| care facility is making reasonable plans to correct."
|
0025| Section 38. Section 27-2-12.4 NMSA 1978 (being Laws 1987,
|
0001| Chapter 214, Section 1, as amended and as further amended by
|
0002| Section 37 of this act) is repealed and a new Section 27-2-12.4
|
0003| NMSA 1978 is enacted to read:
|
0004| "27-2-12.4. [NEW MATERIAL] LONG-TERM CARE FACILITIES--
|
0005| NONCOMPLIANCE WITH STANDARDS AND CONDITIONS--SANCTIONS.--
|
0006| A. In addition to any other actions required or
|
0007| permitted by federal law or regulation, the department of
|
0008| health shall impose a hold on state medicaid payments to a
|
0009| long-term care facility thirty days after the department of
|
0010| health notifies the long-term care facility in writing pursuant
|
0011| to an on-site visit that the long-term care facility is not in
|
0012| substantial compliance with the standards or conditions of
|
0013| participation promulgated by the federal department of health
|
0014| and human services pursuant to which the facility is a party to
|
0015| a medicaid provider agreement, unless the substantial
|
0016| noncompliance has been corrected within that thirty-day period
|
0017| or the facility's medicaid provider agreement is terminated or
|
0018| not renewed based in whole or in part on the noncompliance.
|
0019| The written notice shall cite the specific deficiencies that
|
0020| constitute noncompliance.
|
0021| B. The department of health shall remove the payment
|
0022| hold imposed under Subsection A of this section when the
|
0023| department of health pursuant to an on-site visit certifies in
|
0024| writing that the long-term care facility is in substantial
|
0025| compliance with the standards or conditions of participation
|
0001| pursuant to which the facility is a party to a medicaid
|
0002| provider agreement.
|
0003| C. The department of health shall not reimburse any
|
0004| long-term care facility during the payment hold period imposed
|
0005| pursuant to Subsection A of this section for any medicaid
|
0006| recipient-patients who are new admissions and who are admitted
|
0007| on or after the day the hold is imposed and prior to the day
|
0008| the hold is removed.
|
0009| D. If a long-term care facility is certified in
|
0010| writing to be in noncompliance pursuant to Subsection A of this
|
0011| section for the second time in any twelve-month period, the
|
0012| department of health shall cancel or refuse to execute the
|
0013| long-term care facility's medicaid provider agreement for a
|
0014| two-month period, unless it can be demonstrated that harm to
|
0015| the patients would result from this action or that good cause
|
0016| exists to allow the facility to continue to participate in the
|
0017| medicaid program. The provisions of this subsection are
|
0018| subject to appeal procedures set forth in federal regulations
|
0019| for nonrenewal or termination of a medicaid provider agreement.
|
0020| E. A long-term care facility shall not charge
|
0021| medicaid recipient-patients, their families or their
|
0022| responsible parties to recoup any payments not received because
|
0023| of a hold on medicaid payments imposed pursuant to this
|
0024| section.
|
0025| F. This section shall not be construed to affect any
|
0001| other provisions for medicaid provider agreement termination,
|
0002| nonrenewal, due process and appeal pursuant to federal law or
|
0003| regulation.
|
0004| G. As used in this section:
|
0005| (1) "day" means a twenty-four hour period
|
0006| beginning at midnight and ending one second before midnight;
|
0007| (2) "long-term care facility" means any
|
0008| intermediate care facility or skilled nursing facility that is
|
0009| licensed by the department of health and that is medicaid
|
0010| certified;
|
0011| (3) "new admissions" means medicaid recipients
|
0012| who have never been in the long-term care facility or, if
|
0013| previously admitted, had been discharged or had voluntarily
|
0014| left the facility. The term does not include:
|
0015| (a) individuals who were in the long-term
|
0016| care facility before the effective date of the hold on medicaid
|
0017| payments and became eligible for medicaid after that date; and
|
0018| (b) individuals who, after a temporary
|
0019| absence from the facility, are readmitted to beds reserved for
|
0020| them in accordance with federal regulations; and
|
0021| (4) "substantial compliance" means the
|
0022| condition of having no cited deficiencies or having only those
|
0023| cited deficiencies that:
|
0024| (a) are not inconsistent with any federal
|
0025| statutory requirement;
|
0001| (b) do not interfere with adequate
|
0002| patient care;
|
0003| (c) do not represent a hazard to the
|
0004| patients' health or safety;
|
0005| (d) are capable of correction within a
|
0006| reasonable period of time; and
|
0007| (e) are ones that the long-term care
|
0008| facility is making reasonable plans to correct."
|
0009| Section 39. Section 27-2-12.5 NMSA 1978 (being Laws
|
0010| 1989, Chapter 83, Section 1, as amended) is amended to read:
|
0011| "27-2-12.5. MEDICAID-CERTIFIED NURSING FACILITIES--
|
0012| RETROACTIVE ELIGIBILITY--REFUNDS--PENALTY.--
|
0013| A. Medicaid payment for a medicaid-eligible patient
|
0014| shall be accepted by a medicaid-certified nursing facility from
|
0015| the first month of medicaid eligibility, regardless of whether
|
0016| the eligibility is retroactive. The nursing facility shall
|
0017| refund to the patient or responsible party all out-of-pocket
|
0018| money except for required medical-care credits paid to the
|
0019| nursing facility for that patient's care on and after the date
|
0020| of medicaid eligibility for services covered by the medicaid
|
0021| program. Within thirty days after notification by the [human
|
0022| services] department of the patient's medicaid eligibility,
|
0023| the nursing facility shall make any necessary refund to the
|
0024| patient or responsible party required under this section.
|
0025| B. In any cause of action brought against a nursing
|
0001| facility because of its failure to make a refund to the patient
|
0002| or responsible party as required under Subsection A of this
|
0003| section, the patient or responsible party may be awarded triple
|
0004| the amount of the money not refunded or three hundred dollars
|
0005| ($300), whichever is greater, and reasonable [attorneys']
|
0006| attorney fees and court costs."
|
0007| Section 40. Section 27-2-12.5 NMSA 1978 (being Laws
|
0008| 1989, Chapter 83, Section 1, as amended and as further amended
|
0009| by Section 39 of this act) is repealed and a new Section
|
0010| 27-2-12.5 NMSA 1978 is enacted to read:
|
0011| "27-2-12.5. [NEW MATERIAL] MEDICAID-CERTIFIED NURSING
|
0012| FACILITIES-- RETROACTIVE ELIGIBILITY--REFUNDS--PENALTY.--
|
0013| A. Medicaid payment for a medicaid-eligible patient
|
0014| shall be accepted by a medicaid-certified nursing facility from
|
0015| the first month of medicaid eligibility, regardless of whether
|
0016| the eligibility is retroactive. The nursing facility shall
|
0017| refund to the patient or responsible party all out-of-pocket
|
0018| money except for required medical-care credits paid to the
|
0019| nursing facility for that patient's care on and after the date
|
0020| of medicaid eligibility for services covered by the medicaid
|
0021| program. Within thirty days after notification by the
|
0022| department of health of the patient's medicaid eligibility, the
|
0023| nursing facility shall make any necessary refund to the patient
|
0024| or responsible party required under this section.
|
0025| B. In any cause of action brought against a nursing
|
0001| facility because of its failure to make a refund to the patient
|
0002| or responsible party as required under Subsection A of this
|
0003| section, the patient or responsible party may be awarded triple
|
0004| the amount of the money not refunded or three hundred dollars
|
0005| ($300), whichever is greater, and reasonable attorney fees and
|
0006| court costs."
|
0007| Section 41. Section 27-2-12.6 NMSA 1978 (being Laws
|
0008| 1994, Chapter 62, Section 22, as amended) is repealed and a new
|
0009| Section 27-2-12.6 NMSA 1978 is enacted to read:
|
0010| "27-2-12.6. [NEW MATERIAL] MEDICAID PAYMENTS--MANAGED
|
0011| CARE.--
|
0012| A. The department of health shall provide for a
|
0013| statewide, managed care system to provide cost-efficient,
|
0014| preventive, primary and acute care for medicaid recipients.
|
0015| B. The managed care system shall ensure:
|
0016| (1) access to medically necessary services,
|
0017| particularly for medicaid recipients with chronic health
|
0018| problems;
|
0019| (2) to the extent practicable, maintenance of
|
0020| the rural primary care delivery infrastructure;
|
0021| (3) that the department of health's approach
|
0022| is consistent with national and state health care reform
|
0023| principles; and
|
0024| (4) to the maximum extent possible that
|
0025| medicaid-eligible individuals are not identified as such except
|
0001| as necessary for billing purposes.
|
0002| C. The department of health may exclude nursing
|
0003| homes, intermediate care facilities for the mentally retarded,
|
0004| medicaid in-home and community-based waiver services and
|
0005| residential and community-based mental health services for
|
0006| children with serious emotional disorders from the provisions
|
0007| of this section."
|
0008| Section 42. Section 27-2-16 NMSA 1978 (being Laws 1974,
|
0009| Chapter 31, Section 1, as amended) is amended to read:
|
0010| "27-2-16. COMPLIANCE WITH FEDERAL LAW--REIMBURSEMENT
|
0011| FOR DRUG PRODUCTS.--
|
0012| A. Subject to the availability of state funds, the
|
0013| [human services] department may provide assistance to aged,
|
0014| blind or disabled individuals in the amounts consistent with
|
0015| federal law to enable the state to be eligible for medicaid
|
0016| funding. Individuals shall be determined to be aged, blind or
|
0017| disabled according to regulations of the [human services]
|
0018| department.
|
0019| B. If drug product selection is permitted by
|
0020| Section 26-3-3 NMSA 1978, reimbursement by the medicaid program
|
0021| shall be limited to the wholesale cost of the [lesser] less
|
0022| expensive therapeutic equivalent drug generally available in
|
0023| New Mexico plus a reasonable dispensing fee of at least three
|
0024| dollars sixty-five cents ($3.65)."
|
0025| Section 43. Section 27-2-16 NMSA 1978 (being Laws 1974,
|
0001| Chapter 31, Section 1, as amended and as further amended by
|
0002| Section 42 of this act) is repealed and a new Section 27-2-16
|
0003| NMSA 1978 is enacted to read:
|
0004| "27-2-16. [NEW MATERIAL] COMPLIANCE WITH FEDERAL LAW-
|
0005| -REIMBURSEMENT FOR DRUG PRODUCTS.--
|
0006| A. Subject to the availability of state funds, the
|
0007| department of health may provide assistance to aged, blind or
|
0008| disabled individuals in the amounts consistent with federal law
|
0009| to enable the state to be eligible for medicaid funding.
|
0010| Individuals shall be determined to be aged, blind or disabled
|
0011| according to regulations of the department of health.
|
0012| B. If drug product selection is permitted by
|
0013| Section 26-3-3 NMSA 1978, reimbursement by the medicaid program
|
0014| shall be limited to the wholesale cost of the less expensive
|
0015| therapeutic equivalent drug generally available in New Mexico
|
0016| plus a reasonable dispensing fee of at least three dollars
|
0017| sixty-five cents ($3.65)."
|
0018| Section 44. Section 27-2-23 NMSA 1978 (being Laws 1969,
|
0019| Chapter 232, Section 1) is amended to read:
|
0020| "27-2-23. THIRD PARTY LIABILITY.--
|
0021| A. The [health and social services] department
|
0022| shall make reasonable efforts to ascertain any legal liability
|
0023| of third parties who are or may be liable to pay all or part of
|
0024| the medical cost of injury, disease or disability of an
|
0025| applicant for or recipient of medical assistance under
|
0001| Chapter 27 NMSA 1978.
|
0002| B. When the department makes medical assistance
|
0003| payments [in] on behalf of a recipient, the department is
|
0004| subrogated to any right of the recipient against a third party
|
0005| for recovery of medical expenses to the extent that the
|
0006| department has made payment."
|
0007| Section 45. Section 27-2-23 NMSA 1978 (being Laws 1969,
|
0008| Chapter 232, Section 1, as amended by Section 44 of this act)
|
0009| is repealed and a new Section 27-2-23 NMSA 1978 is enacted to
|
0010| read:
|
0011| "27-2-23. [NEW MATERIAL] THIRD-PARTY LIABILITY.--
|
0012| A. The department of health shall make reasonable
|
0013| efforts to ascertain any legal liability of third parties who
|
0014| are or may be liable to pay all or part of the medical cost of
|
0015| injury, disease or disability of an applicant or recipient of
|
0016| medical assistance.
|
0017| B. When the department of health makes medical
|
0018| assistance payments on behalf of a recipient, the department of
|
0019| health is subrogated to any right of the recipient against a
|
0020| third party for recovery of medical expenses to the extent that
|
0021| the department of health has made payment."
|
0022| Section 46. Section 27-2-25 NMSA 1978 (being Laws 1937,
|
0023| Chapter 18, Section 11j, as amended) is amended to read:
|
0024| "27-2-25. FUNERAL EXPENSES.--
|
0025| A. On the death of:
|
0001| (1) a recipient of financial assistance under
|
0002| Section [13-17-9 or Section 13-17-10 NMSA 1953] 27-2-6 or
|
0003| 27-2-7 NMSA 1978 or under the federal supplemental security
|
0004| income program; or
|
0005| (2) an individual living in a nursing home or
|
0006| an intermediate care facility, the payment for whose care is
|
0007| made in whole or in part pursuant to Title 19 of the federal
|
0008| act;
|
0009| funeral expenses up to two hundred dollars ($200) shall be paid
|
0010| by the [health and social services] department if the de-
|
0011|
|
0012| ceased's available resources, as defined by regulation of the
|
0013| [board] department, are insufficient to pay the funeral ex-
|
0014|
|
0015| penses, the persons legally responsible for the support of the
|
0016| deceased are unable to pay the funeral expenses and no other
|
0017| person will undertake to pay [said] those expenses.
|
0018| B. No payment shall be made by the department when
|
0019| resources available from all sources to pay the funeral
|
0020| expenses total six hundred dollars ($600) or more. When the
|
0021| resources are less than six hundred dollars ($600), the
|
0022| department shall pay the difference between six hundred dollars
|
0023| ($600) and the resources, or two hundred dollars ($200),
|
0024| whichever is less."
|
0025| Section 47. Section 27-2-28 NMSA 1978 (being Laws 1981,
|
0001| Chapter 90, Section 2, as amended) is amended to read:
|
0002| "27-2-28. LIABILITY FOR REPAYMENT OF PUBLIC
|
0003| ASSISTANCE.--
|
0004| A. A noncustodial parent is liable to the [human
|
0005| services] department in the amount of the public assistance
|
0006| lawfully and properly furnished to the children, and the spouse
|
0007| or former spouse with whom such children are living, to whom
|
0008| the noncustodial parent owes a duty of support; except that if
|
0009| a support order has been entered, liability for the time period
|
0010| covered by the support order shall not exceed the amount of
|
0011| support provided for in the order.
|
0012| B. Amounts of support due and owing for periods
|
0013| prior to the granting of public assistance shall be paid to and
|
0014| retained by the [human services] department to the extent
|
0015| that the amount of assistance granted exceeds the amount of the
|
0016| monthly support obligation.
|
0017| C. Amounts of support collected that are in excess
|
0018| of the amounts specified in Subsections A and B of this section
|
0019| shall be paid by the [human services] department to the
|
0020| custodian of the child.
|
0021| D. No agreement between any custodian of a child
|
0022| and a parent of that child, either relieving the parent of any
|
0023| duty of child or spousal support or responsibility or
|
0024| purporting to settle past, present or future support
|
0025| obligations, either as a settlement or prepayment, shall act to
|
0001| reduce or terminate any rights of the [human services]
|
0002| department to recover from that parent for support provided,
|
0003| unless the [human services] department has consented to the
|
0004| agreement in writing.
|
0005| E. The noncustodial parent shall be given credit
|
0006| for any support actually provided, including housing, clothing,
|
0007| food or funds paid prior to the entry of any order for support.
|
0008| The noncustodial parent has the burden on the issue of any
|
0009| payment.
|
0010| F. An application for public assistance by any
|
0011| person constitutes an assignment by operation of law of any
|
0012| support rights the person is entitled to from any other person,
|
0013| whether the support rights are owed to the applicant or to any
|
0014| family member for whom the applicant is applying for or
|
0015| receiving assistance. The assignment includes all support
|
0016| rights that have accrued at the time of application for public
|
0017| assistance and continues as an assignment of all support rights
|
0018| the applicant is entitled to for as long as the applicant
|
0019| receives public assistance.
|
0020| G. By operation of law, an assignment to the
|
0021| [human services] department of any and all rights of an
|
0022| applicant for or recipient of medical assistance under the
|
0023| medicaid program in New Mexico or supplemental security income
|
0024| through the social security administration:
|
0025| (1) is deemed to be made of:
|
0001| (a) any payment for medical care from any
|
0002| person, firm or corporation, including an insurance carrier;
|
0003| and
|
0004| (b) any recovery for personal injury,
|
0005| whether by judgment or contract for compromise or settlement;
|
0006| (2) shall be effective to the extent of the
|
0007| amount of medical assistance actually paid by the department
|
0008| under the medicaid program; and
|
0009| (3) shall be effective as to the rights of any
|
0010| other individuals who are eligible for medical assistance and
|
0011| whose rights can legally be assigned by the applicant or
|
0012| recipient.
|
0013| H. An applicant or recipient is required to
|
0014| cooperate fully with the [human services] department in its
|
0015| efforts to secure the assignment and to execute and deliver any
|
0016| instruments and papers deemed necessary to complete the
|
0017| assignment by [that] the department."
|
0018| Section 48. Section 27-2-28 NMSA 1978 (being Laws 1981,
|
0019| Chapter 90, Section 2, as amended and as further amended by
|
0020| Section 47 of this act) is repealed and a new Section 27-2-28
|
0021| NMSA 1978 is enacted to read:
|
0022| "27-2-28. [NEW MATERIAL] LIABILITY FOR REPAYMENT OF
|
0023| PUBLIC ASSISTANCE.--
|
0024| A. A noncustodial parent is liable to the
|
0025| department of health and the workforce development department
|
0001| in the amount of the public assistance lawfully and properly
|
0002| furnished to the children, and the spouse or former spouse with
|
0003| whom such children are living, to whom the noncustodial parent
|
0004| owes a duty of support; except that if a support order has been
|
0005| entered, liability for the time period covered by the support
|
0006| order shall not exceed the amount of support provided for in
|
0007| the order.
|
0008| B. Amounts of support due and owing for periods
|
0009| prior to the granting of public assistance shall be paid to and
|
0010| retained by the department of health or the workforce
|
0011| development department to the extent that the amount of
|
0012| assistance granted by such department exceeds the amount of the
|
0013| monthly support obligation.
|
0014| C. Amounts of support collected that are in excess
|
0015| of the amounts specified in Subsections A and B of this section
|
0016| shall be paid by the workforce development department or
|
0017| department of health to the custodian of the child.
|
0018| D. No agreement between any custodian of a child
|
0019| and a parent of that child, either relieving the parent of any
|
0020| duty of child or spousal support or responsibility or
|
0021| purporting to settle past, present or future support
|
0022| obligations, either as a settlement or prepayment, shall act to
|
0023| reduce or terminate any rights of the workforce development
|
0024| department or department of health to recover from that parent
|
0025| for support provided unless the workforce development
|
0001| department or department of health has consented to the
|
0002| agreement in writing.
|
0003| E. The noncustodial parent shall be given credit
|
0004| for any support actually provided, including housing, clothing,
|
0005| food or funds paid prior to the entry of any order for support.
|
0006| The noncustodial parent has the burden on the issue of any
|
0007| payment.
|
0008| F. An application for public assistance by any
|
0009| person constitutes an assignment by operation of law of any
|
0010| support rights the person is entitled to from any other person,
|
0011| whether the support rights are owed to the applicant or to any
|
0012| family member for whom the applicant is applying for or
|
0013| receiving assistance. The assignment includes all support
|
0014| rights that have accrued at the time of application for public
|
0015| assistance and continues as an assignment of all support rights
|
0016| the applicant is entitled to for as long as the applicant
|
0017| receives public assistance.
|
0018| G. By operation of law, an assignment to the
|
0019| department of health of any and all rights of an applicant for
|
0020| or recipient of medical assistance under the medicaid program
|
0021| in New Mexico or supplemental security income through the
|
0022| social security administration:
|
0023| (1) is deemed to be made of:
|
0024| (a) any payment for medical care from any
|
0025| person, firm or corporation, including an insurance carrier;
|
0001| and
|
0002| (b) any recovery for personal injury,
|
0003| whether by judgment or contract for compromise or settlement;
|
0004| (2) shall be effective to the extent of the
|
0005| amount of medical assistance actually paid by the department of
|
0006| health under the medicaid program; and
|
0007| (3) shall be effective as to the rights of any
|
0008| other individuals who are eligible for medical assistance and
|
0009| whose rights can legally be assigned by the applicant or
|
0010| recipient.
|
0011| H. An applicant or recipient is required to
|
0012| cooperate fully with the department of health in its efforts to
|
0013| secure the assignment and to execute and deliver any
|
0014| instruments and papers deemed necessary to complete the
|
0015| assignment by that department."
|
0016| Section 49. Section 27-2-39 NMSA 1978 (being Laws 1980,
|
0017| Chapter 25, Section 3) is amended to read:
|
0018| "27-2-39. DEFINITIONS.--As used in the AFDC Recipient
|
0019| Work Incentive Act:
|
0020| A. "AFDC" means aid to families with dependent
|
0021| children, pursuant to the provisions of Section 27-2-6 NMSA
|
0022| 1978;
|
0023| B. "AFDC recipient" means a person who receives
|
0024| AFDC payments;
|
0025| C. "caregiver" means a person eighteen years of age
|
0001| or older who is compensated for the direct care, supervision
|
0002| and guidance of children for less than a daily twenty-four hour
|
0003| period;
|
0004| D. "child [day-care] daycare facility" means a
|
0005| child [day-care] daycare center or child [day-care]
|
0006| daycare home;
|
0007| E. "department" means the [human services] workforce
|
0008| development department; and
|
0009| F. "gainful employment" means working for
|
0010| remuneration for others, either full time or part time, or
|
0011| employment in one's own business or partnership."
|
0012| Section 50. Section 27-2-43 NMSA 1978 (being Laws 1990,
|
0013| Chapter 93, Section 3) is amended to read:
|
0014| "27-2-43. DEFINITIONS.--As used in the Indigent
|
0015| Catastrophic Illness Hospital Funding Act:
|
0016| A. "department" means the [human services]
|
0017| workforce development department;
|
0018| B. "fund" means the indigent catastrophic illness
|
0019| hospital fund;
|
0020| C. "hospital" means any general or special hospital
|
0021| that is licensed by the department of health [and
|
0022| environment department] and that has annual gross charges for
|
0023| medicare, medicaid and indigent patients greater than ten
|
0024| percent of the hospital's total annual gross charges; and
|
0025| D. "medically indigent patient" means an individual
|
0001| who is a New Mexico resident who incurs hospital charges, who
|
0002| is not eligible for medicaid or medicare and whose family or
|
0003| household income does not exceed two hundred fifty percent of
|
0004| the federal poverty level."
|
0005| Section 51. Section 27-2-43 NMSA 1978 (being Laws 1990,
|
0006| Chapter 93, Section 3, as amended by Section 50 of this act) is
|
0007| repealed and a new Section 27-2-43 NMSA 1978 is enacted to
|
0008| read:
|
0009| "27-2-43. [NEW MATERIAL] DEFINITIONS.--As used in the
|
0010| Indigent Catastrophic Illness Hospital Funding Act:
|
0011| A. "department" means the department of health;
|
0012| B. "fund" means the indigent catastrophic illness
|
0013| hospital fund;
|
0014| C. "hospital" means any general or special hospital
|
0015| that is licensed by the department of health and that has
|
0016| annual gross charges for medicare, medicaid and indigent
|
0017| patients greater than ten percent of the hospital's total
|
0018| annual gross charges; and
|
0019| D. "medically indigent patient" means an individual
|
0020| who is a New Mexico resident who incurs hospital charges, who
|
0021| is not eligible for medicaid or medicare and whose family or
|
0022| household income does not exceed two hundred fifty percent of
|
0023| the federal poverty level."
|
0024| Section 52. Section 27-2A-3 NMSA 1978 (being Laws 1994,
|
0025| Chapter 87, Section 3) is amended to read:
|
0001| "27-2A-3. DEFINITIONS.--As used in the Medicaid Estate
|
0002| Recovery Act:
|
0003| A. "department" means the [human services]
|
0004| workforce development department;
|
0005| B. "estate" means real and personal property and
|
0006| other assets of the individual subject to probate or
|
0007| administration pursuant to the provisions of the Uniform
|
0008| Probate Code; and
|
0009| C. "medical assistance" means amounts paid by the
|
0010| department as medical assistance pursuant to Title [XIX] 19
|
0011| of the Social Security Act."
|
0012| Section 53. Section 27-2A-3 NMSA 1978 (being Laws
|
0013| 1994, Chapter 87, Section 3, as amended by Section 52 of this
|
0014| act) is repealed and a new Section 27-2A-3 NMSA 1978 is enacted
|
0015| to read:
|
0016| "27-2A-3. DEFINITIONS.--
|
0017| As used in the Medicaid Estate Recovery Act:
|
0018| A. "department" means the department of health;
|
0019| B. "estate" means real and personal property and
|
0020| other assets of the individual subject to probate or
|
0021| administration pursuant to the provisions of the Uniform
|
0022| Probate Code; and
|
0023| C. "medical assistance" means amounts paid by the
|
0024| department as medical assistance pursuant to Title 19 of the
|
0025| Social Security Act."
|
0001| Section 54. Section 27-3-2 NMSA 1978 (being Laws 1973,
|
0002| Chapter 256, Section 2, as amended) is amended to read:
|
0003| "27-3-2. DEFINITIONS.--As used in the Public Assistance
|
0004| Appeals Act:
|
0005| A. "department" means the income support division
|
0006| of the workforce development department or the medical
|
0007| assistance division [or the social services division] of the
|
0008| [human services] workforce development department of
|
0009| health;
|
0010| B. "board" means the income support division or
|
0011| the medical assistance division [or the social services
|
0012| division] of the [human services] workforce development
|
0013| department; and
|
0014| C. "director" means the director of the income
|
0015| support division or the director of the medical assistance
|
0016| division [or the social services division] of the [human
|
0017| services] workforce development department."
|
0018| Section 55. Section 27-3-2 NMSA 1978 (being Laws 1973,
|
0019| Chapter 256, Section 2, as amended and as further amended by
|
0020| Section 54 of this act) is repealed and a new Section 27-3-2
|
0021| NMSA 1978 is enacted to read:
|
0022| "27-3-2. [NEW MATERIAL] DEFINITIONS.--As used in the
|
0023| Public Assistance Appeals Act:
|
0024| A. "department" means the income support division
|
0025| of the workforce development department or the department of
|
0001| health in reference to the medical assistance program;
|
0002| B. "board" means the income support division of
|
0003| the workforce development department or the department of
|
0004| health in reference to the medical assistance program; and
|
0005| C. "director" means the director of the income
|
0006| support division of the workforce development department or the
|
0007| secretary of health."
|
0008| Section 56. Section 27-4-2 NMSA 1978 (being Laws 1973,
|
0009| Chapter 311, Section 2, as amended) is amended to read:
|
0010| "27-4-2. DEFINITIONS.--As used in the Special Medical
|
0011| Needs Act:
|
0012| A. "department" or "division" means the income
|
0013| support division of the [human services] workforce
|
0014| development department;
|
0015| B. "board" means the [income support] division
|
0016| [of the human services department];
|
0017| C. "aged person" means one who has attained the age
|
0018| of sixty-five years and does not have a spouse financially
|
0019| able, according to regulations of the [board] division, to
|
0020| furnish support;
|
0021| D. "disabled person" means one who has attained the
|
0022| age of eighteen years and is determined to be permanently and
|
0023| totally disabled, according to regulations of the [board]
|
0024| division; and
|
0025| E. "blind person" means one who is determined to be
|
0001| blind according to regulations of the [board] division."
|
0002| Section 57. Section 27-5-3 NMSA 1978 (being Laws 1965,
|
0003| Chapter 234, Section 3, as amended) is amended to read:
|
0004| "27-5-3. PUBLIC ASSISTANCE PROVISIONS.--
|
0005| A. A hospital shall not be paid from the [county
|
0006| indigent hospital claims] fund under the Indigent Hospital and
|
0007| County Health Care Act for any costs of an indigent patient for
|
0008| services that have been determined by the [human services]
|
0009| department to be eligible for medicaid reimbursement from
|
0010| [that] the department. However, nothing in the Indigent
|
0011| Hospital and County Health Care Act shall be construed to
|
0012| prevent the board from transferring money from the [county
|
0013| indigent hospital claims] fund to the sole community provider
|
0014| fund or the county-supported medicaid fund for support of the
|
0015| state medicaid program.
|
0016| B. No action for collection of claims under the
|
0017| Indigent Hospital and County Health Care Act shall be allowed
|
0018| against an indigent patient who is medicaid eligible for
|
0019| medicaid covered services, nor shall action be allowed against
|
0020| the person who is legally responsible for the care of the
|
0021| indigent patient during the time that person is medicaid
|
0022| eligible."
|
0023| Section 58. Section 27-5-3 NMSA 1978 (being Laws 1965,
|
0024| Chapter 234, Section 3, as amended and as further amended by
|
0025| Section 57 of this act) is repealed and a new Section 27-5-3
|
0001| NMSA 1978 is enacted to read:
|
0002| "27-5-3. [NEW MATERIAL] PUBLIC ASSISTANCE
|
0003| PROVISIONS.--
|
0004| A. A hospital shall not be paid from the fund
|
0005| pursuant to the Indigent Hospital and County Health Care Act
|
0006| for any costs of an indigent patient for services that have
|
0007| been determined by the department of health to be eligible for
|
0008| medicaid reimbursement from that department. However, nothing
|
0009| in the Indigent Hospital and County Health Care Act prevents
|
0010| the board from transferring money from the fund to the sole
|
0011| community provider fund or the county-supported medicaid fund
|
0012| for support of the state medicaid program.
|
0013| B. No action for collection of claims under the
|
0014| Indigent Hospital and County Health Care Act shall be allowed
|
0015| against an indigent patient who is medicaid eligible for
|
0016| medicaid covered services, nor shall action be allowed against
|
0017| the person who is legally responsible for the care of the
|
0018| indigent patient during the time that person is medicaid
|
0019| eligible."
|
0020| Section 59. Section 27-5-4 NMSA 1978 (being Laws 1965,
|
0021| Chapter 234, Section 4, as amended) is amended to read:
|
0022| "27-5-4. DEFINITIONS.--As used in the Indigent Hospital
|
0023| and County Health Care Act:
|
0024| A. "ambulance provider" or "ambulance service"
|
0025| means a specialized carrier based within the state authorized
|
0001| under provisions and subject to limitations as provided in
|
0002| individual carrier certificates issued by the state corporation
|
0003| commission to transport persons alive, dead or dying en route
|
0004| by means of ambulance service. The rates and charges
|
0005| established by state corporation commission tariff shall govern
|
0006| as to allowable cost. Also included are air ambulance services
|
0007| approved by the board. The air ambulance service charges shall
|
0008| be filed and approved pursuant to Subsection D of Section 27-5-
|
0009| 6 NMSA 1978 and Section 27-5-11 NMSA 1978;
|
0010| B. "board" means [the] a county indigent
|
0011| hospital and county health care board;
|
0012| C. "indigent patient" means a person to whom an
|
0013| ambulance service, a hospital or a health care provider has
|
0014| provided medical care or ambulance transportation and who can
|
0015| normally support himself and his dependents on present income
|
0016| and liquid assets available to him but, taking into
|
0017| consideration this income and those assets and his requirement
|
0018| for other necessities of life for himself and his dependents,
|
0019| is unable to pay the cost of the ambulance transportation or
|
0020| medical care administered or both. If provided by resolution
|
0021| of [the] a board, it shall not include any person whose
|
0022| annual income together with his spouse's annual income totals
|
0023| an amount that is fifty percent greater than the per capita
|
0024| personal income for New Mexico as shown for the most recent
|
0025| year available in the survey of current business published by
|
0001| the United States department of commerce. Every board that has
|
0002| a balance remaining in the fund at the end of a given fiscal
|
0003| year shall consider and may adopt at the first meeting of the
|
0004| succeeding fiscal year a resolution increasing the standard for
|
0005| indigency. The term "indigent patient" includes a minor who
|
0006| has received ambulance transportation or medical care or both
|
0007| and whose parent or the person having custody of that minor
|
0008| would qualify as an indigent patient if transported by
|
0009| ambulance or admitted to a hospital for care or treated by a
|
0010| health care provider or all three;
|
0011| D. "hospital" means any general or limited hospital
|
0012| licensed by the department of health, whether nonprofit or
|
0013| owned by a political subdivision, and may include by resolution
|
0014| of [the] a board the following health facilities if
|
0015| licensed or, in the case of out-of-state hospitals, approved,
|
0016| by the department of health:
|
0017| (l) for-profit hospitals;
|
0018| (2) state-owned hospitals; or
|
0019| (3) licensed out-of-state hospitals where
|
0020| treatment provided is necessary for the proper care of an
|
0021| indigent patient when that care is not available in an in-state
|
0022| hospital;
|
0023| E. "cost" means all allowable ambulance
|
0024| transportation or medical care costs, including the costs of
|
0025| prenatal care, to the extent determined by resolution of
|
0001| [the] a board, for an indigent patient. Allowable costs
|
0002| shall be determined in accordance with a uniform system of
|
0003| accounting and cost analysis as determined by regulation of
|
0004| [the] a board, which includes cost of ancillary services
|
0005| but shall not include the cost of servicing long-term
|
0006| indebtedness of a hospital, health care provider or ambulance
|
0007| service;
|
0008| F. "fund" means [the] a county indigent
|
0009| hospital claims fund;
|
0010| G. "medicaid eligible" means a person who is
|
0011| eligible for medical assistance from the department;
|
0012| H. "county" means any county except a class A
|
0013| county with a county hospital operated and maintained pursuant
|
0014| to a lease with a state educational institution named in
|
0015| Article 12, Section 11 of the constitution of New Mexico;
|
0016| I. "department" means the [human services]
|
0017| workforce development department;
|
0018| J. "sole community provider hospital" means a
|
0019| hospital that is a sole community provider hospital under the
|
0020| provisions of the federal medicare guidelines established in 42
|
0021| C.F.R. 412.92 pursuant to Title 18 of the federal Social
|
0022| Security Act;
|
0023| K. "drug rehabilitation center" means an agency of
|
0024| local government, a state agency, a private nonprofit entity or
|
0025| combination thereof that operates drug abuse rehabilitation
|
0001| programs that meet the standards and requirements pursuant to
|
0002| the Drug Abuse Act;
|
0003| L. "alcohol rehabilitation center" means an agency
|
0004| of local government, a state agency, a private nonprofit entity
|
0005| or combination thereof that operates alcohol abuse
|
0006| rehabilitation programs that meet the standards set by the
|
0007| department of health pursuant to the Alcoholism and Alcohol
|
0008| Abuse Prevention, Screening and Treatment Act;
|
0009| M. "mental health center" means a not-for-profit
|
0010| center that provides outpatient mental health services that
|
0011| meet the standards set by the department of health pursuant to
|
0012| the Community Mental Health Services Act; and
|
0013| N. "health care provider" means:
|
0014| (1) a nursing home;
|
0015| (2) an in-state home health [agencies]
|
0016| agency;
|
0017| (3) an in-state licensed hospice;
|
0018| (4) a community-based health program operated
|
0019| by a political subdivision of the state or other nonprofit
|
0020| health organization that provides prenatal care delivered by
|
0021| New Mexico licensed, certified or registered health care
|
0022| practitioners;
|
0023| (5) a community-based health program operated
|
0024| by a political subdivision of the state or other nonprofit
|
0025| health care organization that provides primary care delivered
|
0001| by New Mexico licensed, certified or registered health care
|
0002| practitioners;
|
0003| (6) a drug rehabilitation center;
|
0004| (7) an alcohol rehabilitation center; or
|
0005| (8) a mental health center."
|
0006| Section 60. Section 27-5-4 NMSA 1978 (being Laws 1965,
|
0007| Chapter 234, Section 4, as amended and as further amended by
|
0008| Section 59 of this act) is repealed and a new Section 27-5-4
|
0009| NMSA 1978 is enacted to read:
|
0010| "27-5-4. [NEW MATERIAL] DEFINITIONS.--As used in the
|
0011| Indigent Hospital and County Health Care Act:
|
0012| A. "ambulance provider" or "ambulance service"
|
0013| means a specialized carrier based within the state authorized
|
0014| under provisions and subject to limitations as provided in
|
0015| individual carrier certificates issued by the state corporation
|
0016| commission to transport persons alive, dead or dying en route
|
0017| by means of ambulance service. The rates and charges
|
0018| established by state corporation commission tariff shall govern
|
0019| as to allowable cost. Also included are air ambulance services
|
0020| approved by the board. The air ambulance service charges shall
|
0021| be filed and approved pursuant to Subsection D of Section 27-5-
|
0022| 6 NMSA 1978 and Section 27-5-11 NMSA 1978;
|
0023| B. "board" means a county indigent hospital and
|
0024| county health care board;
|
0025| C. "indigent patient" means a person to whom an
|
0001| ambulance service, a hospital or a health care provider has
|
0002| provided medical care or ambulance transportation and who can
|
0003| normally support himself and his dependents on present income
|
0004| and liquid assets available to him but, taking into
|
0005| consideration this income and those assets and his requirement
|
0006| for other necessities of life for himself and his dependents,
|
0007| is unable to pay the cost of the ambulance transportation or
|
0008| medical care administered or both. If provided by resolution
|
0009| of the board, it shall not include any person whose annual
|
0010| income together with his spouse's annual income totals an
|
0011| amount that is fifty percent greater than the per capita
|
0012| personal income for New Mexico as shown for the most recent
|
0013| year available in the survey of current business published by
|
0014| the United States department of commerce. Every board that has
|
0015| a balance remaining in the fund at the end of a given fiscal
|
0016| year shall consider and may adopt at the first meeting of the
|
0017| succeeding fiscal year a resolution increasing the standard for
|
0018| indigency. The term "indigent patient" includes a minor who
|
0019| has received ambulance transportation or medical care or both
|
0020| and whose parent or the person having custody of that minor
|
0021| would qualify as an indigent patient if transported by
|
0022| ambulance or admitted to a hospital for care or treated by a
|
0023| health care provider or all three;
|
0024| D. "hospital" means any general or limited hospital
|
0025| licensed by the department, whether nonprofit or owned by a
|
0001| political subdivision, and may include by resolution of the
|
0002| board the following health facilities if licensed, or in the
|
0003| case of out-of-state hospitals, approved, by the department:
|
0004| (1) for-profit hospitals;
|
0005| (2) state-owned hospitals; or
|
0006| (3) licensed out-of-state hospitals where
|
0007| treatment provided is necessary for the proper care of an
|
0008| indigent patient when that care is not available in an in-state
|
0009| hospital;
|
0010| E. "cost" means all allowable ambulance
|
0011| transportation or medical care costs, including the costs of
|
0012| prenatal care, to the extent determined by resolution of the
|
0013| board, for an indigent patient. Allowable costs shall be
|
0014| determined in accordance with a uniform system of accounting
|
0015| and cost analysis as determined by regulation of the board,
|
0016| which includes cost of ancillary services, but shall not
|
0017| include the cost of servicing long-term indebtedness of a
|
0018| hospital, health care provider or ambulance service;
|
0019| F. "fund" means a county indigent hospital claims
|
0020| fund;
|
0021| G. "medicaid eligible" means a person who is
|
0022| eligible for medical assistance from the department;
|
0023| H. "county" means any county except a class A
|
0024| county with a county hospital operated and maintained pursuant
|
0025| to a lease with a state educational institution named in
|
0001| Article 12, Section 11 of the constitution of New Mexico;
|
0002| I. "department" means the department of health;
|
0003| J. "sole community provider hospital" means a
|
0004| hospital that is a sole community provider hospital under the
|
0005| provisions of the federal medicare guidelines established in 42
|
0006| C.F.R. 412.92 pursuant to Title 18 of the federal Social
|
0007| Security Act;
|
0008| K. "drug rehabilitation center" means an agency of
|
0009| local government, a state agency, a private nonprofit entity or
|
0010| combination thereof that operates drug abuse rehabilitation
|
0011| programs that meet the standards and requirements pursuant to
|
0012| the Drug Abuse Act;
|
0013| L. "alcohol rehabilitation center" means an agency
|
0014| of local government, a state agency, a private nonprofit entity
|
0015| or combination thereof that operates alcohol abuse
|
0016| rehabilitation programs that meet the standards set by the
|
0017| department of health pursuant to the Alcoholism and Alcohol
|
0018| Abuse Prevention, Screening and Treatment Act;
|
0019| M. "mental health center" means a not-for-profit
|
0020| center that provides outpatient mental health services that
|
0021| meet the standards set by the department pursuant to the
|
0022| Community Mental Health Services Act; and
|
0023| N. "health care provider" means:
|
0024| (1) a nursing home;
|
0025| (2) an in-state home health agency;
|
0001| (3) an in-state licensed hospice;
|
0002| (4) a community-based health program operated
|
0003| by a political subdivision of the state or other nonprofit
|
0004| health organization that provides prenatal care delivered by
|
0005| New Mexico licensed, certified or registered health care
|
0006| practitioners;
|
0007| (5) a community-based health program operated
|
0008| by a political subdivision of the state or other nonprofit
|
0009| health care organization that provides primary care delivered
|
0010| by New Mexico licensed, certified or registered health care
|
0011| practitioners;
|
0012| (6) a drug rehabilitation center;
|
0013| (7) an alcohol rehabilitation center; or
|
0014| (8) a mental health center."
|
0015| Section 61. Section 27-5-6.1 NMSA 1978 (being Laws 1993,
|
0016| Chapter 321, Section 18) is amended to read:
|
0017| "27-5-6.1. SOLE COMMUNITY PROVIDER FUND CREATED.--
|
0018| A. The "sole community provider fund" is created in
|
0019| the state treasury. The sole community provider fund, which
|
0020| shall be administered by the [human services] department,
|
0021| shall consist of funds provided by counties to match federal
|
0022| funds for medicaid sole community provider hospital payments.
|
0023| Money in the fund shall be invested by the state treasurer as
|
0024| other state funds are invested. Any unexpended or unencumbered
|
0025| balance remaining in the fund at the end of any fiscal year
|
0001| shall not revert.
|
0002| B. Money in the sole community provider fund is
|
0003| appropriated to the [human services] department to make sole
|
0004| community provider hospital payments pursuant to the state
|
0005| medicaid program. No sole community provider hospital payments
|
0006| or money in the sole community provider fund shall be used to
|
0007| supplant any general fund support for the state medicaid
|
0008| program.
|
0009| C. Money in the sole community provider fund shall
|
0010| be remitted back to the individual counties from which it came
|
0011| if federal medicaid matching funds are not received for
|
0012| medicaid sole community provider hospital payments."
|
0013| Section 62. Section 27-5-12.2 NMSA 1978 (being Laws
|
0014| 1993, Chapter 321, Section 15) is amended to read:
|
0015| "27-5-12.2. DUTIES OF THE COUNTY--SOLE COMMUNITY
|
0016| PROVIDER HOSPITAL PAYMENTS.--Every county in New Mexico that
|
0017| authorizes payment for services to a sole community provider
|
0018| hospital shall:
|
0019| A. determine eligibility for benefits and determine
|
0020| an amount payable on each claim for services to indigent
|
0021| patients from sole community provider hospitals;
|
0022| B. notify the sole community provider hospital of
|
0023| its decision on each request for payment while not actually
|
0024| reimbursing the hospital for the services that are reimbursed
|
0025| with federal funds under the state medicaid program;
|
0001| C. confirm the amount of the sole community
|
0002| provider hospital payments authorized for each hospital for the
|
0003| past fiscal year by September 30 of the current fiscal year;
|
0004| D. negotiate agreements with each sole community
|
0005| provider hospital providing services for county residents on
|
0006| the anticipated amount of the payments for the following fiscal
|
0007| year; and
|
0008| E. provide the [human services] department by
|
0009| January 15 of each year with the budgeted amount of sole
|
0010| community provider hospital payments, by hospital, for the
|
0011| following fiscal year."
|
0012| Section 63. Section 27-6-2 NMSA 1978 (being Laws 1977,
|
0013| Chapter 252, Section 23) is amended to read:
|
0014| "27-6-2. DEFINITION.--As used in the Utility Supplement
|
0015| Act, ["health and social services department" or]
|
0016| "department" [mean] means the income support division of
|
0017| the [human services] workforce development department."
|
0018| Section 64. Section 27-6-4 NMSA 1978 (being Laws 1975,
|
0019| Chapter 300, Section 3) is amended to read:
|
0020| "27-6-4. ADMINISTRATION OF UTILITY SUPPLEMENT ACT.--The
|
0021| [health and social services] department is [hereby]
|
0022| authorized to determine eligibility, compute grants, make pay-
|
0023|
|
0024| ments as provided in the Utility Supplement Act and otherwise
|
0025| administer that act."
|
0001| Section 65. Section 27-6-5 NMSA 1978 (being Laws 1975,
|
0002| Chapter 300, Section 4) is amended to read:
|
0003| "27-6-5. PERSONS ELIGIBLE FOR UTILITY ASSISTANCE.
|
0004| A. A utility supplement pursuant to the Utility
|
0005| Supplement Act shall be provided to or on behalf of those
|
0006| individuals who are identified:
|
0007| (1) [those individuals who are identified] to
|
0008| the [health and social services] department by the federal
|
0009| bureau of supplemental security income as recipients of
|
0010| supplemental security income under Title [XVI] 16 of the
|
0011| Social Security Act and who are not living in nursing homes or
|
0012| intermediate care facilities; and
|
0013| (2) [those individuals who are identified] by
|
0014| the [health and social services] department as recipients of
|
0015| aid to families with dependent children under Section [13-17-9
|
0016| NMSA 1953] 27-2-6 NMSA 1978, unless the individuals are
|
0017| living in circumstances [which] that do not require them to
|
0018| pay, either directly or indirectly, utility costs.
|
0019| B. No more than one utility supplement per
|
0020| household may be paid under the Utility Supplement Act
|
0021| [provided, however], but if supplemental security income
|
0022| recipients [and] or recipients of aid to families with de-
|
0023|
|
0024| pendent children are living in boarding home facilities,
|
0025| they shall be paid on an individual basis."
|
0001| Section 66. Section 27-6-6 NMSA 1978 (being Laws 1975,
|
0002| Chapter 300, Section 5) is amended to read:
|
0003| "27-6-6. TIME OF PAYMENTS.--
|
0004| [A. The initial payment under the Utility
|
0005| Supplement Act shall be made by the health and social services
|
0006| department between December 1, 1975 and December 15, 1975 to
|
0007| those eligible under the Utility Supplement Act as of December
|
0008| 1, 1975. The initial payment shall be the equivalent of six
|
0009| months of benefits under the Utility Supplement Act. In no
|
0010| case shall the initial payment be greater than fifty-nine
|
0011| dollars ($59.00).
|
0012| B. Beginning with the month of January, 1976 and
|
0013| monthly thereafter] Payments shall be made monthly to those
|
0014| eligible for benefits under the Utility Supplement Act."
|
0015| Section 67. Section 27-6-7 NMSA 1978 (being Laws 1975,
|
0016| Chapter 300, Section 6) is amended to read:
|
0017| "27-6-7. AMOUNT OF PAYMENT.--The amount of the utility
|
0018| supplement payment under the Utility Supplement Act shall be
|
0019| calculated by the [health and social services] department so
|
0020| that the entire amount of state and federal funds available to
|
0021| it under the Utility Supplement Act shall be expended."
|
0022| Section 68. Section 27-6-8 NMSA 1978 (being Laws 1975,
|
0023| Chapter 300, Section 7, as amended) is amended to read:
|
0024| "27-6-8. ADJUSTMENTS TO MEET RATE INCREASES.--
|
0025| A. The [income support division of the human
|
0001| services] department shall annually review the rate schedules
|
0002| of gas and electric companies in this state provided by the New
|
0003| Mexico public utility commission and, if necessary, shall
|
0004| recommend to the legislature adjustments in the amount of state
|
0005| utility supplements to reflect any increases or decreases in
|
0006| gas or electricity rates, or both.
|
0007| B. The [income support division] department
|
0008| shall conduct its first rate review during the month of
|
0009| December 1975 and shall conduct a review during December
|
0010| annually thereafter."
|
0011| Section 69. Section 27-6A-3 NMSA 1978 (being Laws 1993,
|
0012| Chapter 206, Section 3) is amended to read:
|
0013| "27-6A-3. DEFINITIONS.--As used in the Low Income Water,
|
0014| Sewer and Solid Waste Service Assistance Act:
|
0015| A. "department" means the [human services]
|
0016| workforce development department; and
|
0017| B. "utility" means any individual, firm,
|
0018| partnership, company, district, including but not limited to
|
0019| solid waste district, water and sanitation district and special
|
0020| district, cooperative, association, public or private
|
0021| corporation, lessee, trustee or receiver appointed by any
|
0022| court, municipality and municipal utility as defined in the
|
0023| Municipal Code, incorporated county or county that may or does
|
0024| own, operate, lease or control any plant, property or facility
|
0025| for:
|
0001| (1) the supply, storage, distribution or
|
0002| furnishing of water to or for the public;
|
0003| (2) the supply and furnishing of sanitary
|
0004| sewer service to or for the public; or
|
0005| (3) the supply and furnishing of collection,
|
0006| transportation, treatment or disposal of solid waste to or for
|
0007| the public. "Utility" does not include a public utility
|
0008| subject to the jurisdiction of the New Mexico public
|
0009| [service] utility commission."
|
0010| Section 70. Section 27-8-3 NMSA 1978 (being Laws 1983,
|
0011| Chapter 139, Section 3) is amended to read:
|
0012| "27-8-3. DEFINITIONS.--As used in the Community Action
|
0013| Act:
|
0014| A. "poverty level" means the official poverty level
|
0015| established by the federal director of the office of management
|
0016| and budget and revised periodically by the federal secretary of
|
0017| health and human services; and
|
0018| B. "secretary" means the secretary of [human
|
0019| services] workforce development."
|
0020| Section 71. Section 27-8-9 NMSA 1978 (being Laws 1983,
|
0021| Chapter 139, Section 9) is amended to read:
|
0022| "27-8-9. FINANCIAL ASSISTANCE--LIMITATIONS.--The
|
0023| secretary, consistent with federal law, shall make grants of
|
0024| not less than ninety percent of the annual allocation of funds
|
0025| available under the community services block grant to community
|
0001| action agencies defined in Subsection A of Section [5 of the
|
0002| Community Action Act] 27-8-5 NMSA 1978. The [human
|
0003| services] workforce development department is authorized to
|
0004| implement, by regulation or contract, a limitation on the
|
0005| amount of community services block grant funds allocated to
|
0006| administrative costs."
|
0007| Section 72. Section 27-9-1 NMSA 1978 (being Laws 1983,
|
0008| Chapter 323, Section 1) is amended to read:
|
0009| "27-9-1. PROGRAM--DEMONSTRATIONS.--The [human
|
0010| services] workforce development department, in cooperation
|
0011| with the department of health [and environment department],
|
0012| is authorized to administer demonstration programs [which]
|
0013| that provide in-home and coordinated community care services
|
0014| to the frail elderly and to disabled individuals who would
|
0015| otherwise require institutionalization. The programs authorized
|
0016| by this section shall serve both those eligible and not eli-
|
0017|
|
0018| gible for federal medical assistance programs."
|
0019| Section 73. Section 27-9-2 NMSA 1978 (being Laws 1983,
|
0020| Chapter 323, Section 2) is amended to read:
|
0021| "27-9-2. IMPLEMENTATION.--The secretary of [human
|
0022| services] workforce development shall, by regulation,
|
0023| specify the areas in which the programs shall operate, specify
|
0024| the services to be provided, establish eligibility criteria of
|
0025| persons to be served and provide for cost sharing, where
|
0001| possible, with individuals and participating communities."
|
0002| Section 74. Section 28-1-2 NMSA 1978 (being Laws 1969,
|
0003| Chapter 196, Section 2, as amended) is amended to read:
|
0004| "28-1-2. DEFINITIONS.--As used in the Human Rights Act:
|
0005| A. "person" means one or more individuals, a
|
0006| partnership, association, organization, corporation, joint
|
0007| venture, legal representative, trustees, receivers or the state
|
0008| and all of its political subdivisions;
|
0009| B. "employer" means any person employing four or
|
0010| more persons and any person acting for an employer;
|
0011| C. "commission" means the human rights commission;
|
0012| D. ["director"] "chief" means the [director]
|
0013| chief of the human rights [division] bureau of the
|
0014| [labor] workforce development department;
|
0015| E. "employee" means any person in the employ of an
|
0016| employer or an applicant for employment;
|
0017| F. "labor organization" means any organization
|
0018| [which] that exists for the purpose in whole or in part of
|
0019| collective bargaining or of dealing with employers concerning
|
0020| grievances, terms or conditions of employment or of other
|
0021| mutual aid or protection in connection with employment;
|
0022| G. "employment agency" means any person regularly
|
0023| undertaking with or without compensation to procure
|
0024| opportunities to work or to procure, recruit or refer
|
0025| employees;
|
0001| H. "public accommodation" means any establishment
|
0002| that provides or offers its services, facilities,
|
0003| accommodations or goods to the public, but does not include a
|
0004| bona fide private club or other place or establishment
|
0005| [which] that is by its nature and use distinctly private;
|
0006| I. "housing accommodation" means any building or
|
0007| portion of a building [which] that is constructed or to be
|
0008| constructed, [which] that is used or intended for use as
|
0009| the residence or sleeping place of any individual;
|
0010| J. "real property" means lands, leaseholds or
|
0011| commercial or industrial buildings, whether constructed or to
|
0012| be constructed, offered for sale or rent, and any land rented
|
0013| or leased for the use, parking or storage of house trailers;
|
0014| K. "secretary" means the secretary of [labor]
|
0015| workforce development;
|
0016| L. "unlawful discriminatory practices" means those
|
0017| unlawful practices and acts specified in Section 28-1-7 NMSA
|
0018| 1978;
|
0019| M. "physical or mental handicap" means a physical
|
0020| or mental impairment that substantially limits one or more of
|
0021| an individual's major life activities. An individual is also
|
0022| considered to be physically or mentally handicapped if he has a
|
0023| record of a physical or mental handicap or is regarded as
|
0024| having a physical or mental handicap;
|
0025| N. "major life activities" means functions such as
|
0001| caring for one's self, performing manual tasks, walking,
|
0002| seeing, hearing, speaking, breathing, learning and working;
|
0003| [and]
|
0004| O. "applicant for employment" means a person
|
0005| applying for a position as an employee; and
|
0006| P. "bureau" means the human rights bureau of the
|
0007| workforce development department."
|
0008| Section 75. Section 28-1-4 NMSA 1978 (being Laws 1987,
|
0009| Chapter 342, Section 18) is amended to read:
|
0010| "28-1-4. POWERS AND DUTIES.--
|
0011| A. The commission may:
|
0012| (1) hear complaints and issue orders,
|
0013| including cease and desist orders concerning alleged unlawful
|
0014| discriminatory practice; and
|
0015| (2) hold hearings, subpoena witnesses and
|
0016| compel their attendance, administer oaths, take the testimony
|
0017| of any person under oath, order depositions and require the
|
0018| production for examination of any books, records,
|
0019| correspondence, documents and other evidence relating to any
|
0020| matter under investigation or in question before the commis-
|
0021|
|
0022| sion. Contumacy or refusal to obey a subpoena issued pursuant
|
0023| to this section constitutes contempt punishable by the district
|
0024| court of the judicial district in which the witness may be
|
0025| found. No individual shall be excused from attending and
|
0001| testifying or from producing evidence in obedience to a
|
0002| subpoena issued pursuant to this section on the grounds that
|
0003| the testimony or evidence required of him may tend to in-
|
0004|
|
0005| criminate him or subject him to a penalty or a forfeiture.
|
0006| However, no individual shall be prosecuted or subjected to any
|
0007| penalty or forfeiture concerning any matter for which he is
|
0008| compelled to testify or give evidence after having claimed his
|
0009| right against self-incrimination. Nevertheless, the individual
|
0010| so testifying shall not be exempt from prosecution and
|
0011| punishment for perjury committed while testifying.
|
0012| B. The [division] bureau may:
|
0013| (1) receive and investigate complaints of
|
0014| alleged unlawful discriminatory practice;
|
0015| (2) seek to eliminate discrimination through
|
0016| conciliation and persuasion by voluntary conferences with
|
0017| interested parties;
|
0018| (3) recommend application by the [director]
|
0019| chief to a district court in the county where the violating
|
0020| party resides for specific performance of any conciliation
|
0021| agreement or for enforcement of any order issued by the
|
0022| commission;
|
0023| (4) endeavor to eliminate prejudice and to
|
0024| further good will. The [division] bureau, in cooperation
|
0025| with the state department of public education and local boards
|
0001| of education, shall encourage an educational program for all
|
0002| residents of the state, calculated to eliminate prejudice, its
|
0003| harmful effects and its incompatibility with principles of fair
|
0004| play, equality and justice;
|
0005| (5) encourage voluntary advisory groups to
|
0006| study problems of discrimination in all fields, to foster,
|
0007| through community efforts, good will and cooperation in this
|
0008| state and to make recommendations to the secretary for the
|
0009| development of policies and procedures [which] that the
|
0010| secretary may recommend to appropriate state agencies;
|
0011| (6) seek and enlist the cooperation and
|
0012| contributions and grants of individuals and foundations,
|
0013| private, charitable, religious, labor, civic and benevolent
|
0014| organizations and the federal government for the purposes of
|
0015| this section;
|
0016| (7) issue publications and release the results
|
0017| of investigation and research [which] that in the
|
0018| secretary's judgment will tend to promote good will and prevent
|
0019| or eliminate discrimination; and
|
0020| (8) submit annually a written report of all
|
0021| its activities and recommendations to the secretary, the
|
0022| governor and the legislature."
|
0023| Section 76. Section 28-1-10 NMSA 1978 (being Laws 1969,
|
0024| Chapter 196, Section 9, as amended) is amended to read:
|
0025| "28-1-10. GRIEVANCE PROCEDURE.--
|
0001| A. Any person claiming to be aggrieved by an
|
0002| unlawful discriminatory practice and any member of the
|
0003| commission who has reason to believe that discrimination has
|
0004| occurred may file with the [human rights division of the labor
|
0005| department] bureau a written complaint that shall state the
|
0006| name and address of the person alleged to have engaged in the
|
0007| discriminatory practice, all information relating to the
|
0008| discriminatory practice and any other information that may be
|
0009| required by the commission. All complaints shall be filed with
|
0010| the [division] bureau within one hundred eighty days after
|
0011| the alleged act was committed.
|
0012| B. The [director] chief shall advise the
|
0013| respondent that a complaint has been filed against him and
|
0014| shall furnish him with a copy of the complaint. The
|
0015| [director] chief shall promptly investigate the alleged
|
0016| act. If the [director] chief determines that the complaint
|
0017| lacks probable cause, he shall dismiss the complaint and notify
|
0018| the complainant and respondent of the dismissal. The complaint
|
0019| shall be dismissed subject to appeal as in the case of other
|
0020| orders of the commission.
|
0021| C. If the [director] chief determines that
|
0022| probable cause exists for the complaint, he shall attempt to
|
0023| achieve a satisfactory adjustment of the complaint through
|
0024| persuasion and conciliation. The [director] chief and
|
0025| bureau staff shall neither disclose what has transpired
|
0001| during the attempted conciliation nor divulge information
|
0002| obtained during any hearing before the commission or a
|
0003| commissioner prior to final action relating to the complaint.
|
0004| Any officer or employee of the [labor] workforce
|
0005| development department who makes public in any manner whatever
|
0006| any information in violation of this subsection is guilty of a
|
0007| misdemeanor and upon conviction shall be fined not more than
|
0008| one thousand dollars ($1,000) or imprisoned not more than one
|
0009| year.
|
0010| D. Any person who has filed a complaint with the
|
0011| [human rights division] bureau may request and shall
|
0012| receive an order of nondetermination from the [director]
|
0013| chief one hundred eighty days after the [division's]
|
0014| bureau's receipt of the complaint. The order of
|
0015| nondetermination may be appealed pursuant to the provisions of
|
0016| Section 28-1-13 NMSA 1978.
|
0017| E. In the case of a complaint filed by or on behalf
|
0018| of a person who has an urgent medical condition and has
|
0019| notified the [director] chief in writing of the test
|
0020| results, the [director] chief shall make the determination
|
0021| whether probable cause exists for the complaint and shall
|
0022| attempt any conciliation efforts within ninety days of the
|
0023| filing of the written complaint or notification, whichever
|
0024| occurs last.
|
0025| F. If conciliation fails or if, in the opinion of
|
0001| the [director] chief, informal conference cannot result in
|
0002| conciliation and the complainant has not requested a waiver of
|
0003| right to hearing pursuant to the provisions of Subsection J of
|
0004| this section, the commission shall issue a written complaint in
|
0005| its own name against the respondent, except that in the case of
|
0006| a complaint filed by or on behalf of a person who has an urgent
|
0007| medical condition, who has notified the [director] chief in
|
0008| writing of the test results and who so elects, the [director]
|
0009| chief shall issue an order of nondetermination, which may be
|
0010| appealed pursuant to the provisions of Section 28-1-13 NMSA
|
0011| 1978. The complaint shall set forth the alleged discriminatory
|
0012| practice, the secretary's regulation or the section of the
|
0013| Human Rights Act alleged to have been violated and the relief
|
0014| requested. The complaint shall require the respondent to
|
0015| answer the allegations of the complaint at a hearing before the
|
0016| commission or hearing officer and shall specify the date, time
|
0017| and place of the hearing. The hearing date shall not be more
|
0018| than fifteen or less than ten days after service of the
|
0019| complaint. The complaint shall be served on the respondent
|
0020| personally or by registered mail, return receipt requested.
|
0021| The hearing shall be held in the county where the respondent is
|
0022| doing business or the alleged discriminatory practice occurred.
|
0023| G. Within one year of the filing of a complaint by
|
0024| a person aggrieved, the commission or [its director] the
|
0025| chief shall:
|
0001| (1) dismiss the complaint for lack of probable
|
0002| cause;
|
0003| (2) achieve satisfactory adjustment of the
|
0004| complaint as evidenced by order of the commission; or
|
0005| (3) file a formal complaint on behalf of the
|
0006| commission.
|
0007| H. Upon the commission's petition, the district
|
0008| court of the county where the respondent is doing business or
|
0009| the alleged discriminatory practice occurred may grant
|
0010| injunctive relief pending hearing by the commission or pending
|
0011| judicial review of an order of the commission so as to preserve
|
0012| the status quo or to ensure that the commission's order as
|
0013| issued will be effective. The commission shall not be required
|
0014| to post a bond.
|
0015| I. For purposes of this section, "urgent medical
|
0016| condition" means any medical condition as defined by an
|
0017| appropriate medical authority through documentation or by
|
0018| direct witness of a clearly visible disablement and [which]
|
0019| that poses a serious threat to the life of the person with
|
0020| the medical condition.
|
0021| J. The complainant may seek a trial de novo in the
|
0022| district court in lieu of a hearing before the commission,
|
0023| provided the complainant requests from the [director]
|
0024| chief, in writing, a waiver of complainant's right to hearing
|
0025| within sixty days of service of written notice of a probable
|
0001| cause determination by the [director] chief. The
|
0002| [director] chief shall approve the waiver request and shall
|
0003| serve notice of the waiver upon the complainant and respondent.
|
0004| The complainant may request a trial de novo pursuant to Section
|
0005| 28-1-13 NMSA 1978 within thirty days from the date of service
|
0006| of the waiver. Issuance of the notice shall be deemed a final
|
0007| order of the commission for the purpose of appeal pursuant to
|
0008| Section 28-1-13 NMSA 1978."
|
0009| Section 77. Section 28-1-11 NMSA 1978 (being Laws 1969,
|
0010| Chapter 196, Section 10, as amended) is amended to read:
|
0011| "28-1-11. HEARING PROCEDURES.--
|
0012| A. The respondent to a complaint made pursuant to
|
0013| Section 28-1-10 NMSA 1978 may file a written answer to the
|
0014| complaint, appear at the hearing, give testimony and be
|
0015| represented by counsel and may obtain from the commission
|
0016| subpoenas for any person or for the production of any evidence
|
0017| pertinent to the proceeding. The complainant shall be present
|
0018| at the hearing and may be represented by counsel. Each party
|
0019| shall have the right to amend his complaint or answer.
|
0020| B. A panel of three members of the commission
|
0021| designated by the chairman shall sit, and a decision agreed
|
0022| upon by two members of the panel shall be the decision of the
|
0023| commission. However, no commissioner who has filed a complaint
|
0024| may sit on the panel hearing his complaint.
|
0025| Hearings also may be conducted by a hearing officer employed by
|
0001| the [human rights division of the labor department] bureau
|
0002| or, if the hearing officer is unavailable, one member of the
|
0003| commission may be designated by the chairman to act as a
|
0004| hearing officer. A hearing officer shall have the same powers
|
0005| and duties as a commissioner as set forth in Paragraph (2) of
|
0006| Subsection A of Section 28-1-4 NMSA 1978.
|
0007| C. The complainant or his representative shall
|
0008| present to the commission or the hearing officer the case
|
0009| supporting the complaint. No evidence concerning prior
|
0010| attempts at conciliation shall be received. The [director]
|
0011| chief shall not participate in the hearing, except as a
|
0012| witness.
|
0013| D. The commission and the hearing officer shall not
|
0014| be bound by the formal rules of evidence governing courts of
|
0015| law or equity but shall permit reasonable direct examination
|
0016| and cross-examination and the submission of briefs. Testimony
|
0017| at the hearing shall be taken under oath and recorded by tape
|
0018| or otherwise. Upon the request of any party, testimony shall
|
0019| be transcribed; provided that all costs of transcribing shall
|
0020| be paid by the party so requesting. Each commissioner and
|
0021| hearing officer may administer oaths.
|
0022| E. Upon the conclusion of a hearing conducted by a
|
0023| hearing officer, the hearing officer shall prepare a written
|
0024| report setting forth proposed findings of fact and conclusions
|
0025| of law and recommending the action to be taken by the
|
0001| commission. The hearing officer shall submit the report to a
|
0002| review panel consisting of no more than three members of the
|
0003| commission designated by the chairman. No commissioner may sit
|
0004| on the panel reviewing the hearing officer's report issued in
|
0005| connection with a complaint filed by the commissioner. A
|
0006| decision by a majority of the members of the review panel shall
|
0007| be the decision of the commission. If the commission finds
|
0008| from the evidence presented at any hearing held pursuant to
|
0009| this section that the respondent has engaged in a
|
0010| discriminatory practice, it shall make written findings of
|
0011| fact, conclusions of law and its decision based upon the
|
0012| findings of fact and conclusions of law. The commission may
|
0013| adopt, modify or reject the proposed findings of fact and
|
0014| conclusions of law and the action recommended by the hearing
|
0015| officer. Within five days after any order is rendered by the
|
0016| commission following a hearing, the commission shall serve upon
|
0017| each party of record and his attorney, if any, a written copy
|
0018| of the order by certified mail to the party's address of
|
0019| record. All parties shall be deemed to have been served on the
|
0020| tenth day following the mailing. As part of its order, the
|
0021| commission may require the respondent to pay actual damages to
|
0022| the complainant and to pay reasonable [attorneys'] attorney
|
0023| fees, if the complainant was represented by private counsel,
|
0024| and to take such affirmative action as the commission considers
|
0025| necessary, including a requirement for reports of the manner of
|
0001| compliance.
|
0002| F. If the commission finds from the evidence that
|
0003| the respondent has not engaged in a discriminatory practice, it
|
0004| shall make written findings of fact and serve the complainant
|
0005| and respondent with a copy of the findings of fact and with an
|
0006| order dismissing the complaint."
|
0007| Section 78. Section 28-1-13 NMSA 1978 (being Laws 1969,
|
0008| Chapter 196, Section 12, as amended) is amended to read:
|
0009| "28-1-13. APPEAL.--
|
0010| A. Any person aggrieved by an order of the
|
0011| commission may obtain a trial de novo in the district court of
|
0012| the county where the discriminatory practice occurred or where
|
0013| the respondent does business by filing a notice of appeal
|
0014| within thirty days from the date of service of the commission's
|
0015| order. A copy of the notice of appeal shall be served
|
0016| personally or by certified mail, return receipt requested, at
|
0017| their last known address on all parties who appeared before the
|
0018| commission and shall also be served at the [division]
|
0019| bureau office in Santa Fe. No order of the commission shall
|
0020| be superseded or stayed during the appeal unless the district
|
0021| court so directs after notice to the commission and a hearing.
|
0022| B. If testimony at the hearing was transcribed, the
|
0023| [division] bureau shall, upon receipt of the notice of
|
0024| appeal, file so much of the transcript of the record as the
|
0025| parties requesting the transcript designate as necessary for
|
0001| the appeal with the district court.
|
0002| C. Upon appeal, either party may request a jury.
|
0003| The jurisdiction of the district court is exclusive and its
|
0004| judgment is final, subject to further appeal to the [supreme]
|
0005| court of appeals.
|
0006| D. In any action or proceeding under this section
|
0007| if the complainant prevails, the court in its discretion may
|
0008| allow actual damages and reasonable [attorney's] attorney
|
0009| fees, and the state shall be liable the same as a private
|
0010| person."
|
0011| Section 79. Section 50-4-21 NMSA 1978 (being Laws 1955,
|
0012| Chapter 200, Section 2, as amended) is amended to read:
|
0013| "50-4-21. DEFINITIONS.--As used in the Minimum Wage Act:
|
0014| A. "employ" includes suffer or permit to work;
|
0015| B. "employer" [includes any] means individual,
|
0016| partnership, association, corporation, business trust, legal
|
0017| representative or [any] organized group of persons employing
|
0018| one or more employees at any one time, acting directly or
|
0019| indirectly in the interest of an employer in relation to any
|
0020| employee, but shall not include the United States, the state or
|
0021| any political subdivision thereof; [and]
|
0022| C. "employee" [includes any] means an
|
0023| individual employed by [any] an employer, but [shall]
|
0024| does not include:
|
0025| (1) [any] an individual employed in
|
0001| domestic service in or about a private home;
|
0002| (2) [any] an individual employed in a bona
|
0003| fide executive, administrative or professional capacity and
|
0004| foremen, superintendents and supervisors;
|
0005| (3) [any] an individual employed by the
|
0006| United States or by the state or any political subdivision
|
0007| thereof;
|
0008| (4) [any] an individual engaged in the
|
0009| activities of an educational, charitable, religious or
|
0010| nonprofit organization where the employer-employee relationship
|
0011| does not, in fact, exist or where the services rendered to such
|
0012| organizations are on a voluntary basis [The employer-employee
|
0013| relationship shall not be deemed to exist with respect to
|
0014| any];
|
0015| (5) an individual being served for purposes
|
0016| of rehabilitation by a charitable or nonprofit organization,
|
0017| notwithstanding the payment to the individual of a stipend
|
0018| based upon the value of the work performed by the individual;
|
0019| [(5) salesmen or employees] (6) a
|
0020| salesperson or employee compensated upon piecework, flat rate
|
0021| schedules or commission basis;
|
0022| [(6) students] (7) a student regularly
|
0023| enrolled in primary or secondary schools working after school
|
0024| hours or on vacation;
|
0025| [(7)] (8) a registered [apprentices and
|
0001| learners] apprentice or learner otherwise provided by law;
|
0002| [(8) persons] (9) a person eighteen years
|
0003| of age or under who [are] is not [students] a student
|
0004| in a primary, secondary, vocational or training school;
|
0005| [(9) persons] (10) a person eighteen
|
0006| years of age or under who [are] is not [graduates] a
|
0007| graduate of a secondary school;
|
0008| [(10) persons] (11) a person employed by
|
0009| ambulance services;
|
0010| [(11)] (12) a G.I. bill [trainees]
|
0011| trainee while under training;
|
0012| [(12)] (13) a seasonal [employees]
|
0013| employee of [any] an employer obtaining and holding a
|
0014| valid certificate issued annually by the [state] chief of
|
0015| the labor [commissioner] and industrial bureau of the
|
0016| workforce development department. The certificate shall state
|
0017| the job designations and total number of employees to be
|
0018| exempted. In approving or disapproving an application for a
|
0019| certificate of exemption, the [commissioner] bureau chief
|
0020| shall consider the following:
|
0021| (a) whether [such] the employment
|
0022| [shall] will be at an educational, charitable or religious
|
0023| youth camp or retreat;
|
0024| (b) [that such] whether the employment
|
0025| will be of a temporary nature;
|
0001| (c) [that] whether the individual will
|
0002| be furnished his room and board in connection with [such]
|
0003| the employment, or if the camp or retreat is a day camp or
|
0004| retreat, the individual will be furnished board in connection
|
0005| with [such] the employment;
|
0006| (d) the purposes for which the camp or
|
0007| retreat is operated;
|
0008| (e) the job classifications for the
|
0009| positions to be exempted; and
|
0010| (f) any other factors that the
|
0011| [commissioner] bureau chief deems necessary to consider;
|
0012| [(13) any] (14) an employee employed in
|
0013| agriculture:
|
0014| (a) if [such] the employee is
|
0015| employed by an employer who did not, during any calendar
|
0016| quarter during the preceding calendar year, use more than five
|
0017| hundred man-days of agricultural labor;
|
0018| (b) if [such] the employee is the
|
0019| parent, spouse, child or other member of his employer's
|
0020| immediate family; for the purpose of this [subsection]
|
0021| subparagraph, employer shall include the principal
|
0022| stockholder of a family corporation;
|
0023| (c) if [such] the employee: 1) is
|
0024| employed as a hand-harvest laborer and is paid on a piece-rate
|
0025| basis in an operation [which] that has been, and is
|
0001| customarily and generally recognized as having been, paid on a
|
0002| piece-rate basis in the region of employment; 2) commutes daily
|
0003| from his permanent residence to the farm on which he is so em-
|
0004|
|
0005| ployed; and 3) has been employed in agriculture less than
|
0006| thirteen weeks during the preceding calendar year;
|
0007| (d) if [such] the employee, other
|
0008| than an employee described in Subparagraph (c) of this
|
0009| paragraph: 1) is sixteen years of age or under and is employed
|
0010| as a hand-harvest laborer, is paid on a piece-rate basis in an
|
0011| operation [which] that has been, and is generally rec-
|
0012|
|
0013| ognized as having been, paid on a piece-rate basis in the
|
0014| region of employment; 2) is employed on the same farm as his
|
0015| parent or person standing in the place of his parent; and 3) is
|
0016| paid at the same piece-rate as employees over age sixteen are
|
0017| paid on the same farm; or
|
0018| (e) if [such] the employee is
|
0019| principally engaged in the range production of livestock; or
|
0020| [(14) employees] (15) an employee of a
|
0021| charitable, religious or nonprofit [organizations]
|
0022| organization who [reside] resides on the premises of a
|
0023| group [homes] home operated by [such] the charitable,
|
0024| religious or nonprofit [organizations] organization for
|
0025| mentally retarded or emotionally or developmentally disabled
|
0001| persons; and
|
0002| D. "secretary means the secretary of workforce
|
0003| development."
|
0004| Section 80. Section 50-4-23 NMSA 1978 (being Laws 1967,
|
0005| Chapter 242, Section 1) is amended to read:
|
0006| "50-4-23. HANDICAPPED PERSONS--MINIMUM WAGE [LABOR
|
0007| COMMISSIONER] SECRETARY POWERS AND DUTIES.--
|
0008| A. The [state labor commissioner] secretary, to
|
0009| the extent necessary in order to prevent curtailment of
|
0010| opportunities for employment, shall, by regulation, provide for
|
0011| the employment under special certificates of individuals,
|
0012| including individuals employed in agriculture, whose earning or
|
0013| productive capacity is impaired by physical or mental
|
0014| deficiency or injury, at wages [which] that are lower than
|
0015| the minimum wage applicable under Section [59-3-22 New Mexico
|
0016| Statutes Annotated, 1953 Compilation] 50-4-22 NMSA 1978, but
|
0017| not less than fifty percent of [such] that wage.
|
0018| B. The [state labor commissioner] secretary,
|
0019| pursuant to his regulations and upon certification of any state
|
0020| agency administering or supervising the administration of
|
0021| vocational rehabilitation services, may issue special
|
0022| certificates [which] that allow the holder [thereof] to
|
0023| work at wages [which] that are less than those required by
|
0024| Subsection A of this section and [which] that are related
|
0025| to the workers' productivity, for the employment of:
|
0001| (1) handicapped workers engaged in work
|
0002| [which] that is incidental to training or evaluation
|
0003| programs; and
|
0004| (2) multihandicapped individuals and other
|
0005| individuals whose earning capacity is so severely impaired that
|
0006| they are unable to engage in competitive employment.
|
0007| C. The [state labor commissioner] secretary
|
0008| may, by regulation or order, provide for the employment of
|
0009| handicapped individuals in work activities centers under
|
0010| special certificates at wages [which] that are less than
|
0011| the minimums applicable under Section [59-2-22 New Mexico
|
0012| Statutes Annotated, 1953 Compilation] 50-4-22 NMSA 1978, or
|
0013| less than that prescribed in Subsection A of this section, and
|
0014| [which] that constitute equitable compensation for [such]
|
0015| the individuals. As used in this subsection, "work
|
0016| activities centers" means centers planned and designed
|
0017| exclusively to provide therapeutic activities for handicapped
|
0018| persons whose physical or mental impairment is so severe as to
|
0019| make their productive capacity inconsequential.
|
0020| D. The state agency administering or supervising
|
0021| the administration of vocational rehabilitation may issue a
|
0022| temporary certificate for a period not to exceed ninety days
|
0023| pursuant to Subsections A, B and C of this section and may
|
0024| request an extension of the certification by the [state labor
|
0025| commissioner] secretary when it is determined that the
|
0001| severity of disability of an individual or circumstances
|
0002| warrants an extension of the certification."
|
0003| Section 81. Section 50-4-26 NMSA 1978 (being Laws 1955,
|
0004| Chapter 200, Section 5, as amended) is amended to read:
|
0005| "50-4-26. ENFORCEMENT--PENALTIES--EMPLOYEES'
|
0006| REMEDIES.--
|
0007| [A. Penalties:
|
0008| (1)] A. Any employer who violates any of the
|
0009| foregoing provisions shall be deemed guilty of a misdemeanor
|
0010| and shall be punished by a fine of not less than twenty-five
|
0011| dollars [($25)] ($25.00) or more than three hundred dollars
|
0012| ($300) or by imprisonment for not less than ten nor more than
|
0013| ninety days or by both such fine and imprisonment.
|
0014| [(2)] B. It [shall be] is the duty of the
|
0015| [state] labor [commissioner] and industrial bureau of the
|
0016| workforce development department to enforce and prosecute
|
0017| violations of the Minimum Wage Act. The [labor commissioner]
|
0018| bureau is hereby empowered to institute in the name of the
|
0019| state [of New Mexico] an action in the district court of the
|
0020| county wherein the employer who has failed to comply with the
|
0021| Minimum Wage Act resides or has his principal office or place
|
0022| of business, for the purpose of prosecuting violations. It
|
0023| shall be the duty of the district attorney for the district
|
0024| wherein any violation hereof occurs to aid and assist the
|
0025| [labor commissioner] bureau in the prosecution thereof.
|
0001| [B. Employees' remedies:
|
0002| (1)] C. Any employer who violates any provision
|
0003| of Section [59-3-22 New Mexico Statutes Annotated, 1953
|
0004| Compilation] 50-4-22 NMSA 1978 shall be liable to the
|
0005| employees affected in the amount of their unpaid minimum wages,
|
0006| as the case may be, and in an additional equal amount as
|
0007| liquidated damages.
|
0008| [(2)] D. Action to recover [such] the
|
0009| liability may be maintained in any court of competent
|
0010| jurisdiction by any one or more employees for and in behalf of
|
0011| himself or themselves and other employees similarly situated,
|
0012| or such employee or employees may designate an agent or rep-
|
0013|
|
0014| resentative to maintain such action before and in behalf of all
|
0015| employees similarly situated.
|
0016| E. The court in any action brought under
|
0017| [Paragraph (2)] Subsection D of this section shall, in
|
0018| addition to any judgment awarded to the plaintiff or
|
0019| plaintiffs, allow costs of the action and reasonable
|
0020| [attorneys'] attorney fees to be paid by the defendant. In
|
0021| any proceedings brought pursuant to the provisions of this
|
0022| section, the employee shall not be required to pay any filing
|
0023| fee or other court costs necessarily incurred in such
|
0024| proceedings."
|
0025| Section 82. Section 50-4-27 NMSA 1978 (being Laws 1967,
|
0001| Chapter 188, Section 5) is amended to read:
|
0002| "50-4-27. AUTHORITY OF [LABOR COMMISSIONER] SECRETARY
|
0003| OF WORKFORCE DEVELOPMENT TO ADOPT AND PROMULGATE RULES AND
|
0004| REGULATIONS--HEARING ON RULES AND REGULATIONS--NOTICE--
|
0005| PUBLICATION.--The [state labor commissioner shall have]
|
0006| secretary has the authority to adopt and promulgate [and
|
0007| issue] rules and regulations necessary to administer and
|
0008| accomplish the purposes of the Minimum Wage Act. Such rules
|
0009| and regulations shall be [aodpted] adopted after notice and
|
0010| public hearing. A copy of the notice of hearing together with
|
0011| a copy of the proposed regulations shall be filed with the
|
0012| librarian of the supreme court library at least twenty days
|
0013| prior to the hearing. In addition, a copy of the notice of
|
0014| hearing shall be sent to all known interested persons. Any
|
0015| interested person shall have the right to appear and present
|
0016| evidence. Rules and regulations adopted pursuant to this
|
0017| section shall be filed in accordance with the State Rules
|
0018| Act."
|
0019| Section 83. Section 50-5-12 NMSA 1978 (being Laws 1931,
|
0020| Chapter 109, Section 3) is amended to read:
|
0021| "50-5-12. DUTY OF LABOR AND INDUSTRIAL BUREAU.--It
|
0022| [shall be] is the duty of the labor [commissioner] and
|
0023| industrial bureau of the workforce development department to
|
0024| [see] ensure that the provisions of [this Act] Sections
|
0025| 50-5-10 through 50-5-12 NMSA 1978 are enforced."
|
0001| Section 84. Section 50-6-7 NMSA 1978 (being Laws 1925,
|
0002| Chapter 79, Section 8, as amended) is amended to read:
|
0003| "50-6-7. LABOR PERMIT CERTIFICATES--ISSUANCE--AUTHORIZED
|
0004| OFFICIALS--APPLICATION--CONTENTS--PROOF--COPIES--MAXIMUM TERM.-
|
0005| -
|
0006| A. Permit certificates shall be issued only by the
|
0007| school superintendents, school principals, designated issuing
|
0008| school officers or [the director of] the labor and industrial
|
0009| [division] bureau of the [labor] workforce development
|
0010| department [or the director's designee].
|
0011| B. No permit certificate shall be issued to any
|
0012| child until satisfactory proof has been furnished that the work
|
0013| in which the child is to engage is not dangerous to the child
|
0014| [nor] and not injurious to his health or morals.
|
0015| C. The application for the certificate [must]
|
0016| shall show that the child is in good physical health and that
|
0017| the work to be performed would not result in injury to the
|
0018| health, morals or mental development of the child.
|
0019| Satisfactory proof of the age of the child at the date of the
|
0020| application shall be furnished. In the case of children over
|
0021| the age of fourteen years and under the age of sixteen years,
|
0022| any application for the employment of children at any gainful
|
0023| occupation during the session hours of the school of the
|
0024| district in which the child resides shall set forth, in
|
0025| addition to the foregoing, the necessity to the family or the
|
0001| dependents of the child or for his own support of the income to
|
0002| be derived from the employment or labor.
|
0003| D. Whenever the person authorized to issue the
|
0004| labor permit is satisfied that the provisions of this section
|
0005| have been complied with, he shall issue to the child a labor
|
0006| permit, keeping one copy on file and sending one copy of this
|
0007| permit to the labor and industrial [commission] bureau of
|
0008| the workforce development department.
|
0009| E. No permit certificate shall be in force without
|
0010| renewal for a longer period than one year from the date of
|
0011| issuance."
|
0012| Section 85. Section 50-6-10 NMSA 1978 (being Laws 1925,
|
0013| Chapter 79, Section 11, as amended) is amended to read:
|
0014| "50-6-10. INSPECTION OF CERTIFICATES, RECORDS AND
|
0015| PREMISES BY LABOR AND INDUSTRIAL [COMMISSION] BUREAU.--All
|
0016| employment certificates and records and the premises where
|
0017| children are employed are subject to inspection by
|
0018| representatives of the labor and industrial [commission]
|
0019| bureau of the workforce development department. The
|
0020| [commission] bureau may, for cause, cancel any labor permit
|
0021| with the concurrence of the officer issuing the permit but, in
|
0022| case they disagree, the district court may cancel the permit on
|
0023| complaint setting forth the grounds therefor under the
|
0024| provisions of Sections [59-6-1 through 59-6-15 NMSA 1953]
|
0025| 50-6-1 through 50-6-16 NMSA 1978."
|
0001| Section 86. Section 50-6-14 NMSA 1978 (being Laws 1925,
|
0002| Chapter 79, Section 15, as amended) is amended to read:
|
0003| "50-6-14. STATE CHILD LABOR INSPECTOR--APPOINTMENT--
|
0004| DIRECTION--QUALIFICATIONS.--There shall be a "state child labor
|
0005| inspector", appointed by [and subject to] the [labor
|
0006| commissioner] secretary of workforce development. The
|
0007| inspector [must] shall be qualified by special training and
|
0008| experience for this work [and must pass a satisfactory
|
0009| examination given by the labor commissioner for this purpose].
|
0010| This position shall be covered by and subject to the
|
0011| provisions of the Personnel Act."
|
0012| Section 87. Section 50-7-3 NMSA 1978 (being Laws 1957,
|
0013| Chapter 219, Section 3, as amended) is amended to read:
|
0014| "50-7-3. APPRENTICESHIP COUNCIL.--An "apprenticeship
|
0015| council", hereinafter referred to as the "council", shall be
|
0016| appointed by the [director of the labor and industrial
|
0017| division of the department of labor] secretary of workforce
|
0018| development without regard to any other provisions of law
|
0019| regarding the appointment and compensation of employees of the
|
0020| state. It shall consist of three persons known to represent
|
0021| employers, three persons known to represent labor
|
0022| organizations, three public representatives and shall include,
|
0023| as ex-officio members without vote, the [director] chief of
|
0024| the labor and industrial [division] bureau and the state
|
0025| supervisor of trade and industrial education. Persons
|
0001| appointed to the council [must] shall be familiar with
|
0002| apprenticeable occupations. The terms of office of the members
|
0003| of the council first appointed shall expire as designated by
|
0004| the [director] secretary at the time of making the
|
0005| appointment: one representative each of employers, labor
|
0006| organizations and the public being appointed for one year; one
|
0007| representative each of employers, labor organizations and the
|
0008| public being appointed for two years and one representative
|
0009| each of employers, labor organizations and the public being
|
0010| appointed for three years. Thereafter, each member shall be
|
0011| appointed for a term of three years. Any member appointed to
|
0012| fill a vacancy occurring prior to the expiration of the term of
|
0013| his predecessor shall be appointed for the remainder of that
|
0014| term. Members of the council not otherwise compensated by
|
0015| public money shall be reimbursed for their official duties in
|
0016| accordance with the Per Diem and Mileage Act for attendance at
|
0017| not in excess of twelve meetings per year."
|
0018| Section 88. Section 50-7-4.1 NMSA 1978 (being Laws 1979,
|
0019| Chapter 204, Section 12, as amended) is amended to read:
|
0020| "50-7-4.1. ADMINISTRATION.--The [commissioner of
|
0021| labor] secretary of workforce development shall appoint a
|
0022| director of apprenticeship to be responsible for effectuating
|
0023| the policies set forth in Section 50-7-1 NMSA 1978, to carry
|
0024| out the policies approved by the apprenticeship council and
|
0025| otherwise to execute the provisions of Chapter 50, Article 7
|
0001| NMSA 1978. Such appointment shall be subject to confirmation
|
0002| by a majority vote of the council. The [commissioner of
|
0003| labor] secretary shall appoint the director and such
|
0004| additional personnel as may be necessary, subject to such laws
|
0005| and practices as are applicable to appointment, service and
|
0006| compensation of employees of the state. Under the general
|
0007| direction of the [commissioner of labor] secretary, the di-
|
0008|
|
0009| rector in furtherance of the duties specified shall:
|
0010| A. encourage the voluntary participation of
|
0011| employers and employees in the furtherance of the objectives of
|
0012| Chapter 50, Article 7 NMSA 1978;
|
0013| B. devise necessary procedures and records;
|
0014| C. prepare statistical reports regarding
|
0015| apprenticeship;
|
0016| D. issue information related to apprenticeship; and
|
0017| E. perform such other duties as are necessary to
|
0018| carry out the intent of Chapter 50, Article 7 NMSA 1978."
|
0019| Section 89. Section 50-8-2 NMSA 1978 (being Laws 1934
|
0020| (S.S.), Chapter 15, Section 2, as amended) is amended to read:
|
0021| "50-8-2. AGENCY OF STATE FOR PURPOSE OF FEDERAL ACT.--
|
0022| The employment security division of the workforce development
|
0023| department is hereby designated and constituted the agency of
|
0024| the state of New Mexico for the purpose of [such] the
|
0025| federal act, with full power to establish such public
|
0001| employment offices throughout the state of New Mexico as it may
|
0002| deem necessary to fully carry out the purposes, to employ such
|
0003| agents, clerks and employees as are necessary therefor, with
|
0004| full power to cooperate with all authorities of the United
|
0005| States having powers or duties under [said] that act of
|
0006| congress and to do and perform all things necessary to secure
|
0007| to this state the benefits of [said] the federal act in the
|
0008| promotion and maintenance of a system of public employment
|
0009| offices. All funds made available to this state under [said]
|
0010| that act of congress shall, upon receipt thereof, be paid
|
0011| into the general fund of the state treasury and are hereby
|
0012| appropriated therefrom to be expended by the department as
|
0013| provided by the act of congress and by [this act] Section
|
0014| 50-8-1 NMSA 1978 and this section."
|
0015| Section 90. Section 50-9-3 NMSA 1978 (being Laws 1972,
|
0016| Chapter 63, Section 3, as amended) is amended to read:
|
0017| "50-9-3. DEFINITIONS.--As used in the Occupational
|
0018| Health and Safety Act:
|
0019| A. "person" means any individual, partnership,
|
0020| firm, public or private corporation, association, trust,
|
0021| estate, political subdivision or agency or any other legal
|
0022| entity or their legal representatives, agents or assigns;
|
0023| B. "employee" means an individual who is employed
|
0024| by an employer, but does not include a domestic employee or a
|
0025| volunteer nonsalaried firefighter;
|
0001| C. "employer" means any person who has one or more
|
0002| employees, but does not include the United States;
|
0003| D. "board" means the [environmental improvement
|
0004| board;] secretary of workforce development;
|
0005| E. "department" means the workforce development
|
0006| department [of environment];
|
0007| F. "place of employment" means any place, area or
|
0008| environment in or about which an employee is required or
|
0009| permitted to work;
|
0010| G. "commission" means the occupational health and
|
0011| safety review commission established [under] pursuant to
|
0012| provisions of the Occupational Health and Safety Act;
|
0013| H. "chemical" means any element, chemical compound
|
0014| or mixture of elements or compounds;
|
0015| I. "hazardous chemical" means any chemical or
|
0016| combination of chemicals that has been labeled hazardous by the
|
0017| chemical manufacturer, importer or distributor in accordance
|
0018| with regulations promulgated by the federal Occupational Safety
|
0019| and Health Act of 1970;
|
0020| J. "label" means any written, printed or graphic
|
0021| material displayed on or affixed to containers of chemicals
|
0022| [which] that identifies the chemical as hazardous;
|
0023| K. "material safety data sheet" means written or
|
0024| printed material concerning a hazardous chemical that contains
|
0025| information on the identity listed on the label, the chemical
|
0001| and common names of the hazardous ingredients, the physical and
|
0002| health hazards, the primary route of entry, the exposure
|
0003| limits, any generally applicable control measures, any
|
0004| emergency or first aid procedures, the date of preparation and
|
0005| the name, address and telephone number of the chemical
|
0006| manufacturer, importer, employer or other responsible party
|
0007| preparing or distributing the material safety data sheet;
|
0008| L. "mobile work site" means any place of employment
|
0009| in standard industrial classification codes 13, oil and gas
|
0010| extraction, and 15 through 17, construction, where work is
|
0011| performed in a different location than the principal office in
|
0012| a fixed location used by the employer; and
|
0013| M. "secretary" means the secretary of
|
0014| [environment] workforce development."
|
0015| Section 91. Section 50-9-5.1 NMSA 1978 (being Laws 1987,
|
0016| Chapter 178, Section 3) is amended to read:
|
0017| "50-9-5.1. EMPLOYER DUTIES--HAZARDOUS CHEMICALS.--
|
0018| A. All incoming containers labeled as hazardous
|
0019| shall be subject to this section. The employer shall not
|
0020| remove or deface any label [which] that indicates on an
|
0021| incoming container that a chemical is hazardous, unless the
|
0022| container is immediately marked with the required information.
|
0023| B. Each employer shall obtain and maintain material
|
0024| safety data sheets for each chemical used in his place of
|
0025| employment and labeled as hazardous. Each employer shall
|
0001| ensure that the information on material safety data sheets for
|
0002| hazardous chemicals is readily accessible to employees during
|
0003| each work shift. The [board] secretary shall adopt and
|
0004| promulgate regulations [which] that assure reasonable
|
0005| compliance with this provision at mobile work sites. If a
|
0006| material safety data sheet has not been supplied from the
|
0007| manufacturer, importer or distributor of the hazardous
|
0008| chemical, the employer shall obtain the material safety data
|
0009| sheet by writing the manufacturer, importer or distributor and
|
0010| requesting that he send the material safety data sheet
|
0011| immediately.
|
0012| C. Each employer shall maintain a current inventory
|
0013| of all chemicals that have been labeled as hazardous in his
|
0014| place of employment.
|
0015| D. Each employer shall develop and implement a
|
0016| written hazard communication program for his place of
|
0017| employment [which] that describes how the criteria
|
0018| specified for labels and other forms of warning, material
|
0019| safety data sheets and employee information and training will
|
0020| be met and [which] that also includes the following:
|
0021| (1) a list of the hazardous chemicals known to
|
0022| be present, using an identity that is referenced on the
|
0023| appropriate material safety data sheet. The list may be
|
0024| compiled for the place of employment as a whole or for
|
0025| individual work areas;
|
0001| (2) the methods the employer will use to
|
0002| inform employees of the hazards of nonroutine tasks, for
|
0003| example, the cleaning of reactor vessels and the hazards
|
0004| associated with chemicals contained in unlabeled pipes in their
|
0005| work areas; and
|
0006| (3) the methods the employer will use to
|
0007| inform any contract employers whose employees work in the
|
0008| employer's place of business of the hazardous chemicals their
|
0009| employees may be exposed to while performing their work and any
|
0010| suggestions for appropriate protective measures.
|
0011| The employer may rely on an existing hazard communication
|
0012| program to comply with these requirements provided that it
|
0013| meets the provisions of this subsection. The employer shall
|
0014| make the written hazard communication program available upon
|
0015| request to employees, their designated representatives and the
|
0016| occupational health and safety bureau of the [environmental
|
0017| improvement division of the health and environment] de-
|
0018|
|
0019| partment.
|
0020| E. Each employer shall provide employees with
|
0021| information and training on hazardous chemicals they use or may
|
0022| become exposed to during the course of employment.
|
0023| F. The requirements of Subsection E of this section
|
0024| shall not apply to any hazardous chemical received by an
|
0025| employer in a sealed package or container and subsequently sold
|
0001| or transferred if the seal is maintained.
|
0002| G. Nothing in this section shall supersede any
|
0003| other requirements in the Occupational Health and Safety Act."
|
0004| Section 92. Section 50-9-6 NMSA 1978 (being Laws 1972,
|
0005| Chapter 63, Section 6, as amended) is amended to read:
|
0006| "50-9-6. TRAINING--ASSISTANCE--CONSULTATION--RESEARCH.--
|
0007| A. The department shall provide for the
|
0008| establishment and supervision of programs for the education and
|
0009| training of employers and employees in the recognition,
|
0010| avoidance and prevention of unsafe working conditions in
|
0011| employment and places of employment and consult with, advise
|
0012| and assist employers and employees about effective means of
|
0013| preventing occupational injuries and illnesses.
|
0014| B. Upon an employer's request, the department shall
|
0015| provide an on-site consultation inspection of conditions and
|
0016| practices of the employer's [work place] workplace without
|
0017| issuing citations or proposing penalties for violations noted,
|
0018| provided that imminent danger situations found during the on-
|
0019| site consultative visit [must] shall be pointed out to the
|
0020| employer. In the event the imminent danger is pointed out by
|
0021| the department consultant but immediate steps are not taken by
|
0022| the employer to eliminate [such] the danger, the emergency
|
0023| procedures provided in Section 50-9-14 NMSA 1978 shall be
|
0024| pursued by the department to assure timely abatement of the
|
0025| imminent danger situation.
|
0001| C. The secretary is responsible for programs
|
0002| involving research in occupational health and safety, for
|
0003| surveys and recommendations for occupational health and safety
|
0004| programs and for promotional, educational and advisory
|
0005| activities in occupational health and safety.
|
0006| D. The [board or the] secretary may appoint
|
0007| special committees composed of technicians or professionals
|
0008| specializing in occupational health or safety to assist in
|
0009| carrying out the objectives of the Occupational Health and
|
0010| Safety Act. Members of such committees shall be reimbursed as
|
0011| provided in the Per Diem and Mileage Act."
|
0012| Section 93. Section 50-9-7 NMSA 1978 (being Laws 1972,
|
0013| Chapter 63, Section 7, as amended) is amended to read:
|
0014| "50-9-7. DUTIES AND POWERS OF THE [BOARD]
|
0015| SECRETARY.--
|
0016| A. The [board] secretary shall adopt and
|
0017| promulgate regulations that are and will continue to be at
|
0018| least as effective as standards promulgated pursuant to the
|
0019| federal Occupational Safety and Health Act of 1970 to prevent
|
0020| or abate detriment to the health and safety of employees. In
|
0021| adopting, amending and repealing [its] his regulations, the
|
0022| [board] secretary shall provide an opportunity for
|
0023| representatives of employers and employees affected by the
|
0024| regulations to be heard and shall give weight it deems
|
0025| appropriate to all relevant facts and circumstances presented
|
0001| at the public hearing, including but not limited to:
|
0002| (1) character and degree of injury to or
|
0003| interference with the health and safety of employees proposed
|
0004| to be abated or prevented by the regulation;
|
0005| (2) technical practicability and economic
|
0006| reasonableness of the regulation and the existence of
|
0007| alternatives to the prevention or abatement of detriment to the
|
0008| health and safety of employees proposed by the regulation; and
|
0009| (3) the public interest, including the social
|
0010| and economic effects of work-related accidents, injuries and
|
0011| illnesses.
|
0012| B. In promulgating regulations dealing with toxic
|
0013| materials or harmful physical agents, the [board] secretary
|
0014| shall provide regulations that most adequately assure to the
|
0015| extent feasible, on the basis of the best available technology,
|
0016| that no employee will suffer material impairment of health or
|
0017| functional capacity even if the employee has regular exposure
|
0018| to the hazard dealt with by the regulations for a period of his
|
0019| working life. Whenever practicable, the regulation promulgated
|
0020| shall be expressed in terms of objective criteria and of the
|
0021| performance desired.
|
0022| C. The regulation shall prescribe the use of labels
|
0023| or other appropriate forms of warning as are necessary to
|
0024| [insure] ensure that employees are apprised of all hazards
|
0025| to which they are exposed, relevant symptoms and appropriate
|
0001| emergency treatment and proper conditions and precautions of
|
0002| safe use or exposure. Where appropriate, the standard shall
|
0003| also prescribe suitable protective equipment and control or
|
0004| technological procedures to be used in connection with the
|
0005| hazards and shall provide for monitoring or measuring employee
|
0006| exposure at such locations and intervals and in such manner as
|
0007| may be necessary for the protection of employees. In addition,
|
0008| where appropriate, any such standard shall prescribe the type
|
0009| and frequency of medical examinations or other tests [which]
|
0010| that shall be made available, by the employer or at his cost,
|
0011| to employees exposed to the hazards in order to most
|
0012| effectively determine whether the health of the employees is
|
0013| adversely affected by the exposure. Cost of medical
|
0014| examinations for research as ordered by the secretary shall be
|
0015| paid for by the department. Results of examinations shall be
|
0016| made available to the secretary, to the employer and, upon the
|
0017| request of the employee, to the employee's physician. The
|
0018| [board] secretary may make appropriate modifications in the
|
0019| foregoing requirements relating to the use of labels or other
|
0020| forms of warning, monitoring or measuring and medical
|
0021| examinations as may be warranted by experience, information or
|
0022| medical or technological developments acquired subsequent to
|
0023| the promulgation of the relevant standard."
|
0024| Section 94. Section 50-9-10 NMSA 1978 (being Laws 1972,
|
0025| Chapter 63, Section 9, as amended) is amended to read:
|
0001| "50-9-10. RIGHT OF ENTRY AND INSPECTION--COMPLAINTS--
|
0002| CONSULTATION--NOTIFICATION.--
|
0003| A. In order to carry out the purposes of the
|
0004| Occupational Health and Safety Act, the department's authorized
|
0005| representatives, upon presenting appropriate credentials to the
|
0006| owner, operator or agent in charge, are authorized to and may:
|
0007| (1) enter and inspect any place of employment
|
0008| at reasonable times and without delay; and
|
0009| (2) question privately the employer and
|
0010| employees and to inspect and investigate during regular working
|
0011| hours and at other reasonable times and within reasonable
|
0012| limits and in a reasonable manner, the place of employment and
|
0013| all pertinent conditions, structures, machines, apparatus,
|
0014| devices, equipment and materials therein. The department's
|
0015| representative is not authorized to question privately the
|
0016| employer or employees until the [board] secretary has
|
0017| adopted regulations protecting the rights of [such] the
|
0018| employer and employees.
|
0019| B. Any employee or representative of employees may
|
0020| file a written complaint with the department concerning any
|
0021| alleged violation of a regulation or any hazardous condition.
|
0022| A copy of the complaint shall be provided to the employer at
|
0023| the time of the inspection. However, upon the request of the
|
0024| complainant, the complainant's name shall not appear on the
|
0025| copy. The department shall investigate the complaint and
|
0001| notify the complainant and employer in writing of the results
|
0002| of the investigation and any action to be taken. If no action
|
0003| is contemplated, the department shall notify the complainant
|
0004| and include in the notice the reasons therefor. The department
|
0005| shall provide for the informal review of decisions not to take
|
0006| compliance action at the request of the complainant. The
|
0007| review shall not be by those who investigated the complaint.
|
0008| C. In order to aid inspections, a representative of
|
0009| the employer and a representative authorized by employees shall
|
0010| be given an opportunity to accompany the department inspector
|
0011| during the physical inspection of the [work place]
|
0012| workplace. If there is no authorized employee
|
0013| representative, the department inspector shall consult with a
|
0014| reasonable number of employees.
|
0015| D. Prior to or during any inspection of a [work
|
0016| place] workplace, any employees or representative of
|
0017| employees employed in [such work place] the workplace may
|
0018| notify the department or the department inspector in writing of
|
0019| any violation of the Occupational Health and Safety Act
|
0020| [which] that they have reason to believe exists in [such
|
0021| work place] the workplace. The department shall establish
|
0022| procedures for informal review of the decision made by the
|
0023| inspector, and, if no citation is issued with respect to the
|
0024| alleged violation, it shall furnish the employee requesting
|
0025| [such] the review a written statement of the reasons for
|
0001| the department's final disposition of the case.
|
0002| E. If an inspection reveals that employees are
|
0003| exposed to toxic materials or harmful physical agents at levels
|
0004| in excess of those prescribed by regulations of the [board]
|
0005| secretary, the department shall provide the employees with
|
0006| access to the results of the inspection. The employer shall
|
0007| promptly notify the employees who are being exposed to the
|
0008| agents or materials in excess of the applicable regulations and
|
0009| inform them of the corrective action being taken or that review
|
0010| has been requested in accordance with Section 50-9-17 NMSA
|
0011| 1978.
|
0012| F. It is unlawful for any person to give advance
|
0013| notice of any inspection to be conducted under the Occupational
|
0014| Health and Safety Act without the written approval of the
|
0015| secretary or the secretary's authorized representative.
|
0016| G. The [board] secretary shall adopt
|
0017| regulations to implement this section."
|
0018| Section 95. Section 50-9-11 NMSA 1978 (being Laws 1972,
|
0019| Chapter 63, Section 10, as amended) is amended to read:
|
0020| "50-9-11. REPORTS AND [RECORD KEEPING] RECORDKEEPING
|
0021| BY EMPLOYERS.--
|
0022| A. An employer shall keep such records and make
|
0023| such reports to the department as the [board] secretary, by
|
0024| regulation, may require to carry out the purposes of the
|
0025| Occupational Health and Safety Act. [Such] The regulation
|
0001| regarding records and reports shall be at least as effective as
|
0002| and consistent with the occupational safety and health record
|
0003| and report requirements of the United States department of
|
0004| labor. These records and reports shall be obtained with a
|
0005| minimum burden upon employers, especially those operating small
|
0006| businesses. Unnecessary duplication of efforts in obtaining
|
0007| information shall be reduced to the maximum extent feasible.
|
0008| B. Employers shall maintain accurate records of
|
0009| employee exposures to potentially toxic material or harmful
|
0010| physical agents [which] that are required to be monitored
|
0011| or measured as the [board] secretary may prescribe by
|
0012| regulations. Employees and their representatives shall be
|
0013| given an opportunity to observe [such] the monitoring and
|
0014| measuring. Employees and former employees shall be granted
|
0015| access to their own records as will indicate their own exposure
|
0016| to toxic material or harmful agents. Each employer shall
|
0017| promptly notify any employee who has been or is being exposed
|
0018| to toxic materials or harmful physical agents in concentrations
|
0019| or levels that exceed those prescribed by an applicable
|
0020| regulation adopted pursuant to the Occupational Health and
|
0021| Safety Act and shall inform any employee who is being thus
|
0022| exposed of the corrective action being taken. Employers shall
|
0023| retain the records of exposure of employees to specific toxic
|
0024| material and harmful agents for periods of time to be specified
|
0025| in regulations."
|
0001| Section 96. Section 50-9-12 NMSA 1978 (being Laws 1972,
|
0002| Chapter 63, Section 11, as amended) is amended to read:
|
0003| "50-9-12. ADOPTION OF REGULATIONS--NOTICE AND HEARING.--
|
0004| A. Any person may recommend or propose regulations
|
0005| to the [board] secretary for [promulgation] adoption.
|
0006| The [board] secretary shall determine whether to hold a
|
0007| hearing within sixty days of submission of a proposed
|
0008| regulation.
|
0009| B. No regulations shall be adopted, amended or
|
0010| repealed until after a public hearing by the [board]
|
0011| secretary or a hearing officer designated by him. Notice of
|
0012| the hearing shall be given at least thirty days prior to the
|
0013| hearing date and shall state the subject, time and place of the
|
0014| hearing and the manner in which interested persons may secure
|
0015| copies of any regulations proposed to be adopted, amended or
|
0016| repealed. The notice shall be published in a newspaper of
|
0017| general circulation in the state. Reasonable effort shall be
|
0018| made to give notice to all persons who have made a written
|
0019| request to the [board] secretary for advance notice of
|
0020| hearings. At the hearing, the [board] secretary shall
|
0021| allow all interested persons reasonable opportunity to submit
|
0022| data, views or arguments orally or in writing. Any person
|
0023| heard or represented at the hearing shall be given written
|
0024| notice of the action by the [board] secretary. The
|
0025| [board] secretary may designate a hearing officer to take
|
0001| evidence in the hearing and present the evidence to [the
|
0002| board] him. A record shall be made of each hearing.
|
0003| C. Notwithstanding the provisions of Subsection B
|
0004| of this section, the secretary may adopt an emergency
|
0005| regulation to take immediate effect upon its filing under the
|
0006| State Rules Act if the secretary determines:
|
0007| (1) that employees are exposed to grave danger
|
0008| from exposure to substances or agents determined to be toxic or
|
0009| physically harmful or from new hazards; and
|
0010| (2) that the emergency regulation is necessary
|
0011| to protect employees from the danger.
|
0012| D. The emergency regulation shall be effective
|
0013| until superseded by a final regulation promulgated in
|
0014| accordance with the procedures prescribed in Subsection B of
|
0015| this section. The final regulation shall be promulgated within
|
0016| one hundred twenty days of the date of promulgation of the
|
0017| relevant emergency regulation.
|
0018| E. If the emergency regulation is promulgated in
|
0019| response to an emergency temporary standard issued pursuant to
|
0020| the federal Occupational Safety and Health Act of 1970, [then
|
0021| such] the emergency regulation shall only be enforceable to
|
0022| the same extent as the federal emergency temporary standard.
|
0023| F. If the federal emergency temporary standard is
|
0024| superseded by a federal permanent standard, [then] the state
|
0025| emergency regulation shall remain in effect for an additional
|
0001| one hundred twenty days after promulgation of the superseding
|
0002| standard. During this additional one hundred twenty days, the
|
0003| [board] secretary shall promulgate a regulation in
|
0004| accordance with the procedures prescribed in Subsection B of
|
0005| this section."
|
0006| Section 97. Section 50-9-13 NMSA 1978 (being Laws 1972,
|
0007| Chapter 63, Section 12, as amended) is amended to read:
|
0008| "50-9-13. ADOPTING STANDARDS BY REFERENCE.--In the event
|
0009| the [board] secretary wishes to adopt regulations that are
|
0010| identical with standards approved by an agency of the federal
|
0011| government, [the board] he may, after notice and hearing,
|
0012| [may] adopt the regulations by reference to the standards
|
0013| without setting forth the provisions of the standards."
|
0014| Section 98. Section 50-9-15 NMSA 1978 (being Laws 1972,
|
0015| Chapter 63, Section 14, as amended) is amended to read:
|
0016| "50-9-15. VALIDITY OF REGULATION--VARIANCE
|
0017| DETERMINATION--JUDICIAL REVIEW.--
|
0018| A. Any person who is or may be affected by a
|
0019| regulation adopted by the [board] secretary may appeal to
|
0020| the court of appeals for further relief. All appeals shall be
|
0021| upon the record made at the hearing and shall be [taken to]
|
0022| filed in the court of appeals within thirty days after filing
|
0023| of the regulation under the State Rules Act. The [board]
|
0024| secretary shall be [made] a party to the action.
|
0025| B. A variance petitioner may appeal to the court of
|
0001| appeals from an order of the department denying the variance.
|
0002| All appeals shall be upon the record made at the hearing and
|
0003| shall be taken to the court of appeals within thirty days from
|
0004| the date the order is made. The department shall be [made] a
|
0005| party to the action.
|
0006| C. Upon appeal, the court of appeals shall set
|
0007| aside a regulation or order only if found to be:
|
0008| (1) arbitrary, capricious or an abuse of
|
0009| discretion;
|
0010| (2) not supported by substantial evidence in
|
0011| the record; or
|
0012| (3) otherwise not in accordance with law."
|
0013| Section 99. Section 50-9-22 NMSA 1978 (being Laws 1972,
|
0014| Chapter 63, Section 21, as amended) is amended to read:
|
0015| "50-9-22. PREEMPTION.--
|
0016| A. Nothing in the Occupational Health and Safety
|
0017| Act shall affect the jurisdiction of any state agency or any
|
0018| political subdivision performing like functions or exercising
|
0019| like responsibilities with regard to occupational health and
|
0020| safety matters except as provided in Subsection B or C of this
|
0021| section.
|
0022| B. Whenever the [board] secretary prescribes or
|
0023| adopts a regulation under the procedures provided in the
|
0024| Occupational Health and Safety Act, the regulation shall, when
|
0025| a copy thereof is filed with the clerk of the political
|
0001| subdivision to which it applies, establish a minimum
|
0002| requirement concerning the matters covered by the regulation
|
0003| and shall be construed in connection with any local requirement
|
0004| relative to the same matter. The regulation of the [board]
|
0005| secretary amends or modifies any requirement of the local
|
0006| standard [which] that does not meet the regulation.
|
0007| C. The Occupational Health and Safety Act and
|
0008| regulations promulgated under it, and not the acts and
|
0009| regulations enforced by the state mine inspector, shall apply
|
0010| to places of employment subject to the jurisdiction of the
|
0011| United States department of labor acting under the provisions
|
0012| of the Occupational Safety and Health Act of 1970 [(84 Stat.
|
0013| 1590)], as amended.
|
0014| D. Compliance with a regulation of the [board]
|
0015| secretary does not relieve any person from the obligation to
|
0016| comply with a stricter state agency or political subdivision
|
0017| health or safety requirement, but the state agency or political
|
0018| subdivision shall be responsible for the enforcement of the
|
0019| health and safety requirements established by that state agency
|
0020| or local authority."
|
0021| Section 100. Section 51-1-2 NMSA 1978 (being Laws 1979,
|
0022| Chapter 280, Section 11, as amended) is amended to read:
|
0023| "51-1-2. DEFINITIONS.--As used in the Unemployment
|
0024| Compensation Law:
|
0025| A. "department" means the [labor] workforce
|
0001| development department;
|
0002| B. "division" means the employment security
|
0003| division of the [labor] department; and
|
0004| C. "secretary" means the secretary of [labor]
|
0005| workforce development."
|
0006| Section 101. Section 51-1-4 NMSA 1978 (being Laws 1969,
|
0007| Chapter 213, Section 1, as amended) is amended to read:
|
0008| "51-1-4. MONETARY COMPUTATION OF BENEFITS--PAYMENT
|
0009| GENERALLY.--
|
0010| A. All benefits provided herein are payable from
|
0011| the unemployment compensation fund. All benefits shall be paid
|
0012| in accordance with such regulations as the secretary may
|
0013| prescribe through employment offices or other agencies as the
|
0014| secretary may by general rule approve.
|
0015| B. Weekly benefits shall be as follows:
|
0016| (1) an individual's "weekly benefit amount" is
|
0017| an amount equal to one twenty-sixth of the total wages for
|
0018| insured work paid to him in that quarter of his base period in
|
0019| which total wages were highest. No benefit as so computed may
|
0020| be less than ten percent or more than fifty percent of the
|
0021| state's average weekly wage for all insured work. The state's
|
0022| average weekly wage shall be computed from all wages reported
|
0023| to the [department] division from employing units in
|
0024| accordance with regulations of the secretary for the period
|
0025| ending June 30 of each calendar year divided by the total
|
0001| number of covered employees divided by fifty-two, effective for
|
0002| the benefit years commencing on or after the first Sunday of
|
0003| the following calendar year. Any such individual is not
|
0004| eligible to receive benefits unless his total base-period wages
|
0005| equal at least one and one-fourth times the wages for insured
|
0006| work in that quarter of his base period in which such wages are
|
0007| highest;
|
0008| (2) each eligible individual who is unemployed
|
0009| in any week during which he is in a continued claims status
|
0010| shall be paid, with respect to such week, a benefit in an
|
0011| amount equal to his weekly benefit amount, less that part of
|
0012| the wages, if any, or earnings from self-employment, payable to
|
0013| him with respect to such week [which] that is in excess of
|
0014| one-fifth of his weekly benefit amount. For purposes of this
|
0015| subsection only, "wages" includes all remuneration for services
|
0016| actually performed in any week for which benefits are claimed,
|
0017| vacation pay for any period for which the individual has a
|
0018| definite return-to-work date, wages in lieu of notice and back
|
0019| pay for loss of employment but does not include payments
|
0020| through a court for time spent in jury service;
|
0021| (3) notwithstanding any other provision of
|
0022| this section, each eligible individual who, pursuant to a plan
|
0023| financed in whole or in part by a base-period employer of such
|
0024| individual, is receiving a governmental or other pension,
|
0025| retirement pay, annuity or any other similar periodic payment
|
0001| that is based on the previous work of such individual and who
|
0002| is unemployed with respect to any week ending subsequent to
|
0003| April 9, 1981 shall be paid with respect to such week, in
|
0004| accordance with regulations prescribed by the secretary,
|
0005| compensation equal to his weekly benefit amount reduced, but
|
0006| not below zero, by the prorated amount of such pension,
|
0007| retirement pay, annuity or other similar periodic payment that
|
0008| exceeds the percentage contributed to the plan by the eligible
|
0009| individual. The maximum benefit amount payable to such
|
0010| eligible individual shall be an amount not more than twenty-six
|
0011| times his reduced weekly benefit amount. If payments referred
|
0012| to in this section are being received by any individual under
|
0013| the federal Social Security Act, the division shall take into
|
0014| account the individual's contribution and make no reduction in
|
0015| the weekly benefit amount;
|
0016| (4) in the case of a lump-sum payment of a
|
0017| pension, retirement or retired pay, annuity or other similar
|
0018| payment by a base-period employer that is based on the previous
|
0019| work of such individual, such payment shall be allocated, in
|
0020| accordance with regulations prescribed by the secretary, and
|
0021| shall reduce the amount of unemployment compensation paid, but
|
0022| not below zero, in accordance with Paragraph (3) of this
|
0023| subsection; and
|
0024| (5) the retroactive payment of a pension,
|
0025| retirement or retired pay, annuity or any other similar
|
0001| periodic payment as provided in Paragraphs (3) and (4) of this
|
0002| subsection attributable to weeks during which an individual has
|
0003| claimed or has been paid unemployment compensation shall be
|
0004| allocated to such weeks and shall reduce the amount of
|
0005| unemployment compensation for such weeks, but not below zero,
|
0006| by an amount equal to the prorated amount of such pension. Any
|
0007| overpayment of unemployment compensation benefits resulting
|
0008| from the application of the provisions of this paragraph shall
|
0009| be recovered from the claimant in accordance with the
|
0010| provisions of Section 51-1-38 NMSA 1978.
|
0011| C. Any otherwise eligible individual is entitled
|
0012| during any benefit year to a total amount of benefits equal to
|
0013| whichever is the lesser of twenty-six times his weekly benefit
|
0014| amount or sixty percent of his wages for insured work paid
|
0015| during his base period.
|
0016| D. Any benefit as determined in Subsection B or C
|
0017| of this section, if not a multiple of one dollar ($1.00), shall
|
0018| be rounded to the next lower multiple of one dollar ($1.00).
|
0019| E. The secretary may prescribe regulations to
|
0020| provide for the payment of benefits that are due and payable to
|
0021| the legal representative, dependents, relatives or next of kin
|
0022| of claimants since deceased. These regulations need not
|
0023| conform with the laws governing successions, and the payment
|
0024| shall be deemed a valid payment to the same extent as if made
|
0025| under a formal administration of the succession of the
|
0001| claimant.
|
0002| F. The division, on its own initiative, may
|
0003| reconsider a monetary determination whenever it is determined
|
0004| that an error in computation or identity has occurred or that
|
0005| wages of the claimant pertinent to such determination but not
|
0006| considered have been newly discovered or that the benefits have
|
0007| been allowed or denied on the basis of misrepresentation of
|
0008| fact, but no redetermination shall be made after one year from
|
0009| the date of the original monetary determination. Notice of a
|
0010| redetermination shall be given to all interested parties and
|
0011| shall be subject to an appeal in the same manner as the
|
0012| original determination. In the event that an appeal involving
|
0013| an original monetary determination is pending at the time a
|
0014| redetermination is issued, the appeal, unless withdrawn, shall
|
0015| be treated as an appeal from such redetermination."
|
0016| Section 102. Section 51-1-34 NMSA 1978 (being Laws 1936
|
0017| (S.S.), Chapter 1, Section 13, as amended) is amended to read:
|
0018| "51-1-34. ADMINISTRATION FUNDS.--
|
0019| A. There is created a special fund to be held in
|
0020| the custody of the state treasurer and known as the
|
0021| "unemployment compensation administration fund".
|
0022| (1) All money paid into the fund is available
|
0023| to the secretary. All money in the fund shall be expended
|
0024| solely for the purposes and in the amount found necessary by
|
0025| the secretary of labor of the United States [of America] for
|
0001| the administration of the Unemployment Compensation Law.
|
0002| Except as provided in Subsection B of this section, the fund
|
0003| shall consist of money appropriated by the state, and all money
|
0004| received from the federal government or any of its agencies,
|
0005| including the department of labor of the United States [of
|
0006| America], the railroad retirement board or from any other
|
0007| source for such purpose. Money received from the railroad
|
0008| retirement board as compensation for services or facilities
|
0009| supplied to the board shall be paid into the fund. All money
|
0010| in the fund shall be deposited, administered and disbursed in
|
0011| accordance with the Unemployment Compensation Law and
|
0012| regulations, except that money in the fund shall not be
|
0013| commingled with other state funds but shall be maintained in a
|
0014| separate account on the books of the depository. Any balance
|
0015| in the fund shall not lapse at any time but shall be
|
0016| continuously available for expenditure consistent with the
|
0017| Unemployment Compensation Law. Such money is subject to the
|
0018| general laws applicable to the deposit of public money in New
|
0019| Mexico, and collateral pledged shall be maintained in a
|
0020| separate custody account.
|
0021| (2) If Section 303(a)(5) of Title 3 of the
|
0022| Social Security Act and Section 3304(a)(4) of the Internal
|
0023| Revenue Code are amended to permit a state agency to use, in
|
0024| financing administrative expenditures incurred in carrying out
|
0025| its employment security functions, some part of the money
|
0001| collected, or to be collected, under the Unemployment
|
0002| Compensation Law, in partial or complete substitution for
|
0003| grants under Title 3, then the Unemployment Compensation Law
|
0004| shall be modified by proclamation and by general rules in the
|
0005| manner and to the extent and within the limits necessary to
|
0006| permit such use under the Unemployment Compensation Law, and
|
0007| the modification is effective on the same date as the use is
|
0008| permissible under federal amendments.
|
0009| B. There is created a special fund to be held in
|
0010| the custody of the state treasurer and known as the "employment
|
0011| security [department] division fund".
|
0012| (1) The fund is separate from the unemployment
|
0013| compensation administration fund.
|
0014| (2) All money paid into the employment
|
0015| security [department] division fund may be expended only
|
0016| pursuant to an appropriation by the legislature or specific
|
0017| provision of law. The [department] division shall submit
|
0018| its annual budget for expenditures from the fund in accordance
|
0019| with the rules and regulations established by the department of
|
0020| finance and administration governing the submission of budgets
|
0021| by state agencies. All balances in the fund at the end of the
|
0022| fiscal year [which] that have not been appropriated for
|
0023| expenditure shall remain in the fund and be invested by the
|
0024| state treasurer until appropriated by the legislature. The
|
0025| money in the fund, except for refunds of interest and penalties
|
0001| erroneously collected, and except for fiscal-year balances,
|
0002| shall be expended solely for the purposes and in the amount
|
0003| found necessary for the payment of the costs of administration
|
0004| not chargeable against federal grants or other funds received
|
0005| for the unemployment compensation administration fund. Nothing
|
0006| in this section shall prevent the unencumbered money of the
|
0007| fund from being used as a revolving fund to cover necessary and
|
0008| proper expenditures for which federal funds have been duly
|
0009| requested but not yet received, subject to the charging of such
|
0010| expenditures against such funds when received. Money shall not
|
0011| be expended or made available for expenditure in any manner
|
0012| [which] that would permit its substitution for, or cause a
|
0013| corresponding reduction in, federal funds [which] that
|
0014| would be available, in the absence of such money, to finance
|
0015| expenditures for the administration of the Unemployment
|
0016| Compensation Law. The fund shall consist of all interest
|
0017| collected on delinquent contributions and all penalties
|
0018| provided by the Unemployment Compensation Law and all other
|
0019| money received for the fund from any other source. All money
|
0020| in the fund shall be deposited, administered and disbursed in
|
0021| accordance with this section, except that money in the fund
|
0022| shall not be commingled with other state funds but shall be
|
0023| maintained in a separate account on the books of the depository
|
0024| and is subject to the general laws applicable to the deposit of
|
0025| public money in New Mexico, and collateral pledged shall be
|
0001| maintained in a separate custody account.
|
0002| C. The state treasurer is liable on his official
|
0003| bond for the faithful performance of his duties in connection
|
0004| with the funds created by Subsections A and B of this section,
|
0005| in addition to the liability upon all other bonds."
|
0006| Section 103. Section 51-1-36 NMSA 1978 (being Laws 1936
|
0007| (S.S.), Chapter 1, Section 14, as amended) is amended to read:
|
0008| "51-1-36. COLLECTION OF CONTRIBUTIONS.--
|
0009| A. Contributions unpaid on the date on which they
|
0010| are due and payable shall bear interest at the rate of one
|
0011| percent per month from and after such date until payment is
|
0012| received by the division. Interest collected pursuant to this
|
0013| subsection shall be paid into the employment security
|
0014| [department] division fund.
|
0015| B. If, after due notice, any employer defaults in
|
0016| any payment of contributions or interest thereon, the amount
|
0017| due shall be collected by civil action in the name of the
|
0018| division, and the employer adjudged in default shall pay the
|
0019| costs of such action. Civil actions brought under this section
|
0020| to collect contributions or interest thereon from an employer
|
0021| shall be heard by the court at the earliest possible date and
|
0022| shall be entitled to preference on the calendar of the court
|
0023| over all other civil actions except petitions for judicial
|
0024| review under this act and worker's compensation cases arising
|
0025| under Sections 52-1-1 through 52-2-13 NMSA 1978 or in the
|
0001| discretion of the secretary. If any contribution or any
|
0002| portion thereof or any interest or penalty imposed by the
|
0003| Unemployment Compensation Law is not paid within thirty days
|
0004| after the same becomes due, the secretary shall, after due
|
0005| notice and opportunity to be heard in accordance with
|
0006| regulations, issue a warrant under its official seal, directed
|
0007| to the sheriff of any county of the state commanding him to
|
0008| levy upon and sell the real and personal property of the person
|
0009| owning the same, found within his county, of the payment of the
|
0010| amount due and an added amount of ten percent of the
|
0011| contribution in addition to any other penalties imposed and
|
0012| costs of executing the warrant, and to return such warrant to
|
0013| the secretary and pay to him the money collected by virtue
|
0014| thereof, by the time to be therein specified, not more than
|
0015| thirty days from the date of the warrant. In the event the
|
0016| division does not know the amount of contribution due, and the
|
0017| employer from whom the same is due refuses or fails to make
|
0018| reports showing what he or it claims for the amount of
|
0019| contributions [which] that it believes to be due, and the
|
0020| division files the warrant for the estimated amount, mailing
|
0021| notice to the employer stating that it is estimating the amount
|
0022| of contribution due and giving the estimated amount in the
|
0023| notice, the warrant and estimated amount shown therein shall
|
0024| have the same effect as any other warrant issued under this
|
0025| subsection. If the employer does not make a showing to the
|
0001| satisfaction of the secretary that the estimated amount is
|
0002| incorrect within thirty days after the warrant is filed with
|
0003| the county clerk, then the estimated amount shown in the
|
0004| warrant shall be and become the amount of the contribution due
|
0005| for the period stated in the warrant. The sheriff to whom any
|
0006| warrant, issued under this section, is directed shall, within
|
0007| five days after receipt of the same, file with the county clerk
|
0008| of his county a copy thereof, for which the clerk shall make no
|
0009| charge, and thereupon the county clerk shall record the same
|
0010| upon his records and the day when such copy is filed.
|
0011| Thereupon the amount of the warrant so filed and entered shall
|
0012| become a lien upon all property, real and personal, of the
|
0013| person against whom it is issued, including choses in action,
|
0014| except negotiable instruments not past due; provided, however,
|
0015| that such lien shall be inferior to all other valid liens,
|
0016| encumbrances, mortgages, judgments and assessments [which]
|
0017| that are filed or placed of record prior to the filing of
|
0018| such warrant. The sheriff or a representative of the division
|
0019| thereupon shall levy upon any property of the taxpayer,
|
0020| including negotiable instruments, and the property so levied on
|
0021| shall be sold in all respects with the like effect, and in the
|
0022| same manner as is prescribed by law with respect to executions
|
0023| against property upon judgments of a court of record, and the
|
0024| remedies of garnishment shall apply. Whenever any property or
|
0025| right to property upon which levy has been made is not
|
0001| sufficient to satisfy the claim for which levy is made, the
|
0002| sheriff or a representative of the division may thereafter, and
|
0003| as often as may be necessary, proceed to levy in like manner
|
0004| upon any other property or rights to property subject to levy
|
0005| of the person against whom the claim exists, until the amount
|
0006| due from him is fully paid. The sheriff shall be entitled to
|
0007| the general fees for his services in executing the warrant as
|
0008| now allowed by law for like services, to be collected in the
|
0009| same manner as now provided by law for like services. All
|
0010| costs of executing warrants including mileage of the sheriff
|
0011| serving and executing the same and all other costs in
|
0012| connection with the levy, including advertising or publication
|
0013| costs upon the sale of any property levied upon, shall be
|
0014| collected by the [department] division from the employer
|
0015| from whom contribution is due.
|
0016| C. In the event of any distribution of an
|
0017| employer's assets pursuant to an order of any court under the
|
0018| laws of this state, including any receivership, assignment for
|
0019| benefit of creditors, adjudicated insolvency, composition or
|
0020| similar proceeding, contributions then or thereafter due shall
|
0021| be paid in full prior to all other claims except taxes and
|
0022| claims for remuneration of not more than two hundred fifty
|
0023| dollars ($250) to each claimant, earned within six months of
|
0024| the commencement of the proceeding. In the event of an
|
0025| employer's adjudication in bankruptcy, judicially confirmed
|
0001| extension proposal, or composition, under the federal
|
0002| Bankruptcy Code [11 U.S.C. Sec. 10l et seq.], contributions
|
0003| then or thereafter due shall be entitled to such priority as is
|
0004| provided in the [Federal Bankruptcy Code U.S.C. Title] 11
|
0005| USCA Sec. 507.
|
0006| D. If not later than four years after the date on
|
0007| which any contributions or interest thereon are paid an
|
0008| employing unit that has paid such contributions or interest
|
0009| thereon [shall make] makes application for an adjustment
|
0010| thereof in connection with subsequent contribution payments, or
|
0011| for a refund thereof because such adjustment cannot be made,
|
0012| and the secretary [shall determine] determines that such
|
0013| contributions or interest or any portion thereof was
|
0014| erroneously collected, the secretary shall allow such employing
|
0015| unit to make an adjustment thereof, without interest, in
|
0016| connection with subsequent contribution payments by him, or if
|
0017| such adjustment cannot be made, the secretary shall refund the
|
0018| amount, without interest, from the fund to which the amount was
|
0019| deposited. For like cause and within the same period,
|
0020| adjustment or refund may be so made on the secretary's own
|
0021| initiative.
|
0022| E. Any person, group of individuals, partnership or
|
0023| employing unit, that acquires the organization, trade or
|
0024| business or substantially all the assets thereof from an
|
0025| employer shall notify the division in writing by registered
|
0001| mail not later than five days prior to the acquisition. Unless
|
0002| such notice is given, such acquisition shall be void as against
|
0003| the division, if, at the time of the acquisition, any
|
0004| contributions are due and unpaid by the previous employer, and
|
0005| the secretary shall have the right to proceed against such
|
0006| employer either in personam or in rem and the assets so
|
0007| acquired shall be subject to attachment for such debt."
|
0008| Section 104. Section 51-1-37.1 NMSA 1978 (being Laws
|
0009| 1982, Chapter 41, Section 4, as amended) is amended to read:
|
0010| "51-1-37.1. CHILD SUPPORT OBLIGATIONS.--
|
0011| A. An individual filing a claim to establish a
|
0012| benefit year for unemployment compensation shall, at the time
|
0013| of filing the claim, disclose whether or not the individual
|
0014| owes child support obligations. If the individual is eligible
|
0015| for unemployment compensation benefits and owes child support
|
0016| obligations, the employment security [department] division
|
0017| shall notify the [human services department] child support
|
0018| enforcement division of the workforce development department
|
0019| of the name of the applicant and the amount of benefits for
|
0020| which the claimant is eligible.
|
0021| B. The employment security [department] division
|
0022| of the workforce development department shall deduct and with-
|
0023|
|
0024| hold from any unemployment compensation otherwise payable to an
|
0025| individual who owes child support obligations:
|
0001| (1) the amount specified by the individual to
|
0002| be deducted and withheld, if an amount is not specified under
|
0003| Paragraph (2) or (3) of this subsection;
|
0004| (2) the amount specified in an agreement
|
0005| between the individual and the child support enforcement
|
0006| [bureau] division of the [human services] workforce
|
0007| development department, pursuant to Section 454(20)(B)(i) of
|
0008| the Social Security Act, a copy of which has been provided to
|
0009| the employment security [department] division by the child
|
0010| support enforcement [bureau] division; or
|
0011| (3) any amount otherwise required to be so
|
0012| deducted and withheld from such unemployment compensation
|
0013| pursuant to a writ of garnishment or other legal process for
|
0014| enforcement of judgments issued by any court of competent
|
0015| jurisdiction in any state, territory or possession of the
|
0016| United States or any foreign country with which the United
|
0017| States has an agreement to honor such process directed to the
|
0018| department for the purpose of enforcing an individual's
|
0019| obligation to provide child support.
|
0020| C. Any amount withheld from the benefits due a
|
0021| claimant shall be considered as payment of unemployment
|
0022| compensation benefits to the claimant and paid by the
|
0023| individual in satisfaction of his child support obligations.
|
0024| D. The amount of child support obligations
|
0025| withheld by the employment security [department] division
|
0001| pursuant to this section shall be paid to the [human services
|
0002| department] child support enforcement division of the
|
0003| workforce development department.
|
0004| E. "Unemployment compensation benefits" means
|
0005| compensation payable under the Unemployment Compensation Law
|
0006| and any compensation payable by or through the employment
|
0007| security [department] division pursuant to an agreement
|
0008| under any federal law providing for compensation, assistance or
|
0009| allowance with respect to unemployment.
|
0010| F. "Child support obligations" includes only
|
0011| obligations [which] that are being enforced pursuant to a
|
0012| plan described in Section 454 of the Social Security Act
|
0013| [which] that has been approved by the United States
|
0014| secretary of health and human services under Part D of Title IV
|
0015| of the Social Security Act.
|
0016| G. The [human services department] child support
|
0017| enforcement division of the workforce development department
|
0018| shall reimburse the employment security [department]
|
0019| division for the administrative costs incurred by the
|
0020| employment security [department which] division that are
|
0021| attributable to the child support obligations being enforced by
|
0022| the [human services department] child support enforcement
|
0023| division. If the [human services department] child support
|
0024| enforcement division and the employment security
|
0025| [department] division fail to agree on the amount of such
|
0001| administrative costs, the state budget division of the
|
0002| department of finance and administration shall prescribe the
|
0003| amount of administrative costs to be reimbursed."
|
0004| Section 105. Section 51-1-42 NMSA 1978 (being Laws 1936
|
0005| (S.S), Chapter 1, Section 19, as amended) is amended to read:
|
0006| "51-1-42. DEFINITIONS.--As used in the Unemployment
|
0007| Compensation Law:
|
0008| A. "base period" means the first four of the last
|
0009| five completed calendar quarters immediately preceding the
|
0010| first day of an individual's benefit year;
|
0011| B. "benefits" means the cash unemployment
|
0012| compensation payments payable to an eligible individual
|
0013| pursuant to Section 51-1-4 NMSA 1978 with respect to his weeks
|
0014| of unemployment;
|
0015| C. "contributions" means the money payments
|
0016| required by Section 51-1-9 NMSA 1978 to be made into the
|
0017| [unemployment compensation] fund by an employer on account of
|
0018| having individuals performing services for him;
|
0019| D. "employing unit" means any individual or type of
|
0020| organization, including any partnership, association,
|
0021| cooperative, trust, estate, joint-stock company, agricultural
|
0022| enterprise, insurance company or corporation, whether domestic
|
0023| or foreign, or the receiver, trustee in bankruptcy, trustee or
|
0024| successor thereof, household, fraternity or club, the legal
|
0025| representative of a deceased person or any state or local
|
0001| government entity to the extent required by law to be covered
|
0002| as an employer, which has in its employ one or more individuals
|
0003| performing services for it within this state. All individuals
|
0004| performing services for any employing unit [which] that
|
0005| maintains two or more separate establishments within this state
|
0006| shall be deemed to be employed by a single employing unit for
|
0007| all the purposes of the Unemployment Compensation Law.
|
0008| Individuals performing services for contractors, subcontractors
|
0009| or agents [which] that are performing work or services for
|
0010| an employing unit, as described in this subsection, which is
|
0011| within the scope of the employing unit's usual trade,
|
0012| occupation, profession or business, shall be deemed to be in
|
0013| the employ of the employing unit for all purposes of the
|
0014| Unemployment Compensation Law unless such contractor,
|
0015| subcontractor or agent is itself an employer within the
|
0016| provision of Subsection E of this section;
|
0017| E. "employer" includes:
|
0018| (1) any employing unit [which] that:
|
0019| (a) unless otherwise provided in this
|
0020| section, paid for service in employment as defined in
|
0021| Subsection F of this section wages of four hundred fifty
|
0022| dollars ($450) or more in any calendar quarter in either the
|
0023| current or preceding calendar year or had in employment, as
|
0024| defined in Subsection F of this section, for some portion of a
|
0025| day in each of twenty different calendar weeks during either
|
0001| the current or the preceding calendar year, and irrespective of
|
0002| whether the same individual was in employment in each such day,
|
0003| at least one individual;
|
0004| (b) for the purposes of Subparagraph (a)
|
0005| of this paragraph, if any week includes both December 31 and
|
0006| January 1, the days of that week up to January 1 shall be
|
0007| deemed one calendar week and the days beginning January 1,
|
0008| another such week; and
|
0009| (c) for purposes of defining an
|
0010| "employer" under Subparagraph (a) of this paragraph, the wages
|
0011| or remuneration paid to individuals performing services in
|
0012| employment in agricultural labor or domestic services as
|
0013| provided in Paragraphs (6) and (7) of Subsection F of this
|
0014| section shall not be taken into account; except that any
|
0015| employing unit determined to be an employer of agricultural
|
0016| labor under Paragraph (6) of Subsection F of this section shall
|
0017| be an employer under Subparagraph (a) of this paragraph so long
|
0018| as the employing unit is paying wages or remuneration for
|
0019| services other than agricultural services;
|
0020| (2) any individual or type of organization
|
0021| that acquired the trade or business or substantially all of the
|
0022| assets thereof, of an employing unit [which] that at the
|
0023| time of such acquisition was an employer subject to the
|
0024| Unemployment Compensation Law; provided that where such an
|
0025| acquisition takes place, the secretary may postpone activating
|
0001| the separate account pursuant to Subsection A of Section
|
0002| 51-1-11 NMSA 1978 until such time as the successor employer has
|
0003| employment as defined in Subsection F of this section;
|
0004| (3) any employing unit [which] that
|
0005| acquired all or part of the organization, trade, business or
|
0006| assets of another employing unit and [which] that, if
|
0007| treated as a single unit with such other employing unit or part
|
0008| thereof, would be an employer under Paragraph (1) of this
|
0009| subsection;
|
0010| (4) any employing unit not an employer by
|
0011| reason of any other paragraph of this subsection:
|
0012| (a) for which, within either the current
|
0013| or preceding calendar year, service is or was performed with
|
0014| respect to which such employing unit is liable for any federal
|
0015| tax against which credit may be taken for contributions
|
0016| required to be paid into a state unemployment fund; or
|
0017| (b) which, as a condition for approval of
|
0018| the Unemployment Compensation Law for full tax credit against
|
0019| the tax imposed by the Federal Unemployment Tax Act, is
|
0020| required, pursuant to such act, to be an "employer" under the
|
0021| Unemployment Compensation Law;
|
0022| (5) any employing unit [which] that,
|
0023| having become an employer under Paragraph (1), (2), (3) or (4)
|
0024| of this subsection, has not, under Section 51-1-18 NMSA 1978,
|
0025| ceased to be an employer subject to the Unemployment
|
0001| Compensation Law;
|
0002| (6) for the effective period of its election
|
0003| pursuant to Section 51-1-18 NMSA 1978, any other employing unit
|
0004| [which] that has elected to become fully subject to the
|
0005| Unemployment Compensation Law; and
|
0006| (7) any employing unit for which any services
|
0007| performed in its employ are deemed to be performed in this
|
0008| state pursuant to an election under an arrangement entered into
|
0009| in accordance with Subsection A of Section 51-1-50 NMSA 1978;
|
0010| F. "employment" means:
|
0011| (1) any service, including service in
|
0012| interstate commerce, performed for wages or under any contract
|
0013| of hire, written or oral, express or implied;
|
0014| (2) and includes an individual's entire
|
0015| service, performed within or both within and without this state
|
0016| if:
|
0017| (a) the service is primarily localized in
|
0018| this state with services performed outside the state being only
|
0019| incidental thereto; or
|
0020| (b) the service is not localized in any
|
0021| state, but some of the service is performed in this state and:
|
0022| 1) the base of operations or, if there is no base of
|
0023| operations, [then] the place from which such service is
|
0024| directed or controlled, is in this state; or 2) the base of
|
0025| operations or place from which such service is directed or
|
0001| controlled is not in any state in which some part of the
|
0002| service is performed, but the individual's residence is in this
|
0003| state;
|
0004| (3) services performed within this state but
|
0005| not covered under Paragraph (2) of this subsection if
|
0006| contributions or payments in lieu of contributions are not
|
0007| required and paid with respect to such services under an
|
0008| unemployment compensation law of any other state, the federal
|
0009| government or Canada;
|
0010| (4) services covered by an election pursuant
|
0011| to Section 51-1-18 NMSA 1978 and services covered by an
|
0012| election duly approved by the secretary in accordance with an
|
0013| arrangement pursuant to [Paragraph (1) of] Subsection A of
|
0014| Section 51-1-50 NMSA 1978 shall be deemed to be employment
|
0015| during the effective period of such election;
|
0016| (5) services performed by an individual for an
|
0017| employer for wages or other remuneration unless and until it is
|
0018| established by a preponderance of evidence that:
|
0019| (a) such individual has been and will
|
0020| continue to be free from control or direction over the
|
0021| performance of such services both under his contract of service
|
0022| and in fact;
|
0023| (b) such service is either outside the
|
0024| usual course of business for which such service is performed or
|
0025| that such service is performed outside of all the places of
|
0001| business of the enterprise for which such service is performed;
|
0002| and
|
0003| (c) such individual is customarily
|
0004| engaged in an independently established trade, occupation,
|
0005| profession or business of the same nature as that involved in
|
0006| the contract of service;
|
0007| (6) service performed after December 31, 1977
|
0008| by an individual in agricultural labor as defined in Subsection
|
0009| Q of this section if:
|
0010| (a) such service is performed for an
|
0011| employing unit [which] that: 1) paid remuneration in cash
|
0012| of twenty thousand dollars ($20,000) or more to individuals in
|
0013| such employment during any calendar quarter in either the
|
0014| current or the preceding calendar year; or 2) employed in
|
0015| agricultural labor ten or more individuals for some portion of
|
0016| a day in each of twenty different calendar weeks in either the
|
0017| current or preceding calendar year, whether or not such weeks
|
0018| were consecutive, and regardless of whether such individuals
|
0019| were employed at the same time;
|
0020| (b) such service is not performed before
|
0021| January 1, 1980 by an individual who is an alien admitted to
|
0022| the United States to perform service in agricultural labor
|
0023| pursuant to Sections 214(c) and 101(15)(H) of the Immigration
|
0024| and Nationality Act; and
|
0025| (c) for purposes of this paragraph, any
|
0001| individual who is a member of a crew furnished by a crew leader
|
0002| to perform service in agricultural labor for a farm operator or
|
0003| other person shall be treated as an employee of such crew
|
0004| leader: 1) if such crew leader meets the requirements of a
|
0005| crew leader as defined in Subsection L of this section; or 2)
|
0006| substantially all the members of such crew operate or maintain
|
0007| mechanized agricultural equipment [which] that is provided
|
0008| by the crew leader; and 3) the individuals performing such
|
0009| services are not, by written agreement or in fact, within the
|
0010| meaning of Paragraph (5) of this subsection, performing
|
0011| services in employment for the farm operator or other person;
|
0012| (7) service performed after December 31, 1977
|
0013| by an individual in domestic service in a private home, local
|
0014| college club or local chapter of a college fraternity or
|
0015| sorority for a person or organization that paid cash
|
0016| remuneration of one thousand dollars ($1,000) in any calendar
|
0017| quarter in the current or preceding calendar year to
|
0018| individuals performing such services;
|
0019| (8) service performed after December 31, 1971
|
0020| by an individual in the employ of a religious, charitable,
|
0021| educational or other organization but only if the following
|
0022| conditions are met:
|
0023| (a) the service is excluded from
|
0024| "employment" as defined in the Federal Unemployment Tax Act
|
0025| solely by reason of Section 3306(c)(8) of that act; and
|
0001| (b) the organization meets the
|
0002| requirements of "employer" as provided in Subparagraph (a) of
|
0003| Paragraph (1) of Subsection E of this section;
|
0004| (9) service of an individual who is a citizen
|
0005| of the United States, performed outside the United States,
|
0006| except in Canada, after December 31, 1971 in the employ of an
|
0007| American employer (other than service which is deemed
|
0008| "employment" under the provisions of Paragraph (2) of this
|
0009| subsection or the parallel provisions of another state's law),
|
0010| if:
|
0011| (a) the employer's principal place of
|
0012| business in the United States is located in this state;
|
0013| (b) the employer has no place of business
|
0014| in the United States, but: 1) the employer is an individual
|
0015| who is a resident of this state; 2) the employer is a
|
0016| corporation [which] that is organized under the laws of
|
0017| this state; or 3) the employer is a partnership or a trust and
|
0018| the number of the partners or trustees who are residents of
|
0019| this state is greater than the number who are residents of any
|
0020| one other state; or
|
0021| (c) none of the criteria of Subparagraphs
|
0022| (a) and (b) of this paragraph are met, but the employer has
|
0023| elected coverage in this state or, the employer having failed
|
0024| to elect coverage in any state, the individual has filed a
|
0025| claim for benefits, based on such service, under the law of
|
0001| this state.
|
0002| "American employer" for purposes of this paragraph [(9)
|
0003| of this subsection] means a person who is: 1) an individual
|
0004| who is a resident of the United States; 2) a partnership if
|
0005| two-thirds or more of the partners are residents of the United
|
0006| States; 3) a trust if all of the trustees are residents of the
|
0007| United States; or 4) a corporation organized under the laws of
|
0008| the United States or of any state. For the purposes of this
|
0009| paragraph [(9) of this subsection], "United States" includes
|
0010| the United States, the District of Columbia, the commonwealth
|
0011| of Puerto Rico and the Virgin Islands;
|
0012| (10) notwithstanding any other provisions of
|
0013| this subsection, service with respect to which a tax is
|
0014| required to be paid under any federal law imposing a tax
|
0015| against which credit may be taken for contributions required to
|
0016| be paid into a state unemployment fund or which as a condition
|
0017| for full tax credit against the tax imposed by the Federal
|
0018| Unemployment Tax Act is required to be covered under the
|
0019| Unemployment Compensation Law;
|
0020| (11) "employment" shall not include:
|
0021| (a) service performed in the employ of:
|
0022| 1) a church or convention or association of churches; or 2) an
|
0023| organization [which] that is operated primarily for
|
0024| religious purposes and [which] that is operated,
|
0025| supervised, controlled or principally supported by a church or
|
0001| convention or association of churches;
|
0002| (b) service performed by a duly ordained,
|
0003| commissioned or licensed minister of a church in the exercise
|
0004| of his ministry or by a member of a religious order in the
|
0005| exercise of duties required by such order;
|
0006| (c) service performed by an individual in
|
0007| the employ of his son, daughter or spouse, and service
|
0008| performed by a child under the age of majority in the employ of
|
0009| his father or mother;
|
0010| (d) service performed in the employ of
|
0011| the United States government or an instrumentality of the
|
0012| United States immune under the constitution of the United
|
0013| States from the contributions imposed by the Unemployment
|
0014| Compensation Law except that to the extent that the congress of
|
0015| the United States shall permit states to require any
|
0016| instrumentalities of the United States to make payments into an
|
0017| unemployment fund under a state unemployment compensation act,
|
0018| all of the provisions of the Unemployment Compensation Law
|
0019| shall be applicable to such instrumentalities, and to service
|
0020| performed for such instrumentalities in the same manner, to the
|
0021| same extent and on the same terms as to all other employers,
|
0022| employing units, individuals and services; provided, that if
|
0023| this state shall not be certified for any year by the secretary
|
0024| of labor of the United States under Section 3304 of the federal
|
0025| Internal Revenue Code (26 U.S.C. Section 3304), the payments
|
0001| required of such instrumentalities with respect to such year
|
0002| shall be refunded by the department from the fund in the same
|
0003| manner and within the same period as is provided in Subsection
|
0004| D of Section 51-1-36 NMSA 1978 with respect to contributions
|
0005| erroneously collected;
|
0006| (e) service performed in a facility
|
0007| conducted for the purpose of carrying out a program of
|
0008| rehabilitation for individuals whose earning capacity is
|
0009| impaired by age or physical or mental deficiency or injury or
|
0010| providing remunerative work for individuals who because of
|
0011| their impaired physical or mental capacity cannot be readily
|
0012| absorbed in the competitive labor market, by an individual
|
0013| receiving such rehabilitation or remunerative work;
|
0014| (f) service with respect to which
|
0015| unemployment compensation is payable under an unemployment
|
0016| compensation system established by an act of congress;
|
0017| (g) service performed in the employ of a
|
0018| foreign government, including service as a consular or other
|
0019| officer or employee or a nondiplomatic representative;
|
0020| (h) service performed by an individual
|
0021| for a person as an insurance agent or as an insurance
|
0022| solicitor, if all such service performed by such individual for
|
0023| such person is performed for remuneration solely by way of
|
0024| commission;
|
0025| (i) service performed by an individual
|
0001| under the age of eighteen in the delivery or distribution of
|
0002| newspapers or shopping news, not including delivery or
|
0003| distribution to any point for subsequent delivery or
|
0004| distribution;
|
0005| (j) service covered by an election duly
|
0006| approved by the agency charged with the administration of any
|
0007| other state or federal unemployment compensation law, in
|
0008| accordance with an arrangement pursuant to [Paragraph (1) of]
|
0009| Subsection A of Section 51-1-50 NMSA 1978 during the effective
|
0010| period of such election;
|
0011| (k) service performed, as part of an
|
0012| unemployment work-relief or work-training program assisted or
|
0013| financed in whole or part by any federal agency or an agency of
|
0014| a state or political subdivision thereof, by an individual
|
0015| receiving such work relief or work training;
|
0016| (l) service performed by an individual
|
0017| who is enrolled at a nonprofit or public educational
|
0018| institution [which] that normally maintains a regular
|
0019| faculty and curriculum and normally has a regularly organized
|
0020| body of students in attendance at the place where its
|
0021| educational activities are carried on as a student in a full-
|
0022| time program, taken for credit at such institution, [which]
|
0023| that combines academic instruction with work experience, if
|
0024| the service is an integral part of such program, and the
|
0025| institution has so certified to the employer, except that this
|
0001| subparagraph shall not apply to service performed in a program
|
0002| established for or on behalf of an employer or group of
|
0003| employers;
|
0004| (m) service performed in the employ of a
|
0005| hospital, if the service is performed by a patient of the
|
0006| hospital, or services performed by an inmate of a custodial or
|
0007| penal institution for a governmental entity or nonprofit
|
0008| organization;
|
0009| (n) service performed by real estate
|
0010| salesmen for others when the services are performed for
|
0011| remuneration solely by way of commission;
|
0012| (o) service performed in the employ of a
|
0013| school, college or university if such service is performed by a
|
0014| student who is enrolled and is regularly attending classes at
|
0015| such school, college or university;
|
0016| (p) service performed by an individual
|
0017| for a fixed or contract fee officiating at a sporting event
|
0018| [which] that is conducted by or under the auspices of a
|
0019| nonprofit or governmental entity if that person is not
|
0020| otherwise an employee of the entity conducting the sporting
|
0021| event; or
|
0022| (q) service performed for a private for-
|
0023| profit person or entity by an individual as a landman if
|
0024| substantially all remuneration paid in cash or otherwise for
|
0025| the performance of the services is directly related to the
|
0001| completion by the individual of the specific tasks contracted
|
0002| for rather than to the number of hours worked by the
|
0003| individual. For the purposes of this subparagraph, "landman"
|
0004| means a land professional who has been engaged primarily in:
|
0005| 1) negotiating for the acquisition or divestiture of mineral
|
0006| rights; 2) negotiating business agreements that provide for the
|
0007| exploration for or development of minerals; 3) determining
|
0008| ownership of minerals through the research of public and
|
0009| private records; and 4) reviewing the status of title, curing
|
0010| title defects and otherwise reducing title risk associated with
|
0011| ownership of minerals; managing rights or obligations derived
|
0012| from ownership of interests and minerals; or utilizing or
|
0013| pooling of interest in minerals; and
|
0014| (12) for the purposes of this subsection, if
|
0015| the services performed during one-half or more of any pay
|
0016| period by an individual for the person employing him constitute
|
0017| employment, all the services of such individual for such period
|
0018| shall be deemed to be employment, but, if the services
|
0019| performed during more than one-half of any such pay period by
|
0020| an individual for the person employing him do not constitute
|
0021| employment, then none of the services of such individual for
|
0022| such period shall be deemed to be employment. As used in this
|
0023| paragraph, the term "pay period" means a period, of not more
|
0024| than thirty-one consecutive days, for which a payment of
|
0025| remuneration is ordinarily made to the individual by the person
|
0001| employing him. This paragraph shall not be applicable with
|
0002| respect to services performed in a pay period by an individual
|
0003| for the person employing him where any of such service is
|
0004| excepted by Subparagraph (f) of Paragraph (11) of this
|
0005| subsection;
|
0006| G. "employment office" means a free public
|
0007| employment office, or branch thereof, operated by this state or
|
0008| maintained as a part of a state-controlled system of public
|
0009| employment offices;
|
0010| H. "fund" means the unemployment compensation fund
|
0011| established by the Unemployment Compensation Law to which all
|
0012| contributions and payments in lieu of contributions required
|
0013| under the Unemployment Compensation Law and from which all
|
0014| benefits provided under the Unemployment Compensation Law shall
|
0015| be paid;
|
0016| I. "unemployment" means, with respect to an
|
0017| individual, any week during which he performs no services and
|
0018| with respect to which no wages are payable to him and during
|
0019| which he is not engaged in self-employment or receives an award
|
0020| of back pay for loss of employment. The secretary shall
|
0021| prescribe by regulation what constitutes part-time and
|
0022| intermittent employment, partial employment and the conditions
|
0023| under which individuals engaged in such employment are eligible
|
0024| for partial unemployment benefits;
|
0025| J. "state", when used in reference to any state
|
0001| other than New Mexico, includes, in addition to the states of
|
0002| the United States, the District of Columbia, the commonwealth
|
0003| of Puerto Rico and the Virgin Islands;
|
0004| K. "unemployment compensation administration fund"
|
0005| means the fund established by Subsection A of Section 51-1-34
|
0006| NMSA 1978 from which administrative expenses under the
|
0007| Unemployment Compensation Law shall be paid. "Employment
|
0008| security [department] division fund" means the fund
|
0009| established by Subsection B of Section 51-1-34 NMSA 1978 from
|
0010| which certain administrative expenses under the Unemployment
|
0011| Compensation Law shall be paid;
|
0012| L. "crew leader" means a person who:
|
0013| (1) holds a valid certificate of registration
|
0014| as a crew leader or farm labor contractor under the Migrant and
|
0015| Seasonal Agricultural Worker Protection Act;
|
0016| (2) furnishes individuals to perform services
|
0017| in agricultural labor for any other person;
|
0018| (3) pays, either on his own behalf or on
|
0019| behalf of such other person, the individuals so furnished by
|
0020| him for service in agricultural labor; and
|
0021| (4) has not entered into a written agreement
|
0022| with the other person for whom he furnishes individuals in
|
0023| agricultural labor that such individuals will be the employees
|
0024| of the other person;
|
0025| M. "week" means such period of seven consecutive
|
0001| days, as the secretary may by regulation prescribe. The
|
0002| secretary may by regulation prescribe that a week shall be
|
0003| deemed to be "in", "within" or "during" that benefit year
|
0004| [which] that includes the greater part of such week;
|
0005| N. "calendar quarter" means the period of three
|
0006| consecutive calendar months ending on March 31, June 30,
|
0007| September 30 or December 31;
|
0008| O. "insured work" means services performed for
|
0009| employers who are covered under the Unemployment Compensation
|
0010| Law;
|
0011| P. "benefit year" with respect to any individual
|
0012| means the one-year period beginning with the first day of the
|
0013| first week of unemployment with respect to which the individual
|
0014| first files a claim for benefits in accordance with Subsection
|
0015| A of Section 51-1-8 NMSA 1978 and thereafter the one-year
|
0016| period beginning with the first day of the first week of
|
0017| unemployment with respect to which the individual next files
|
0018| such a claim for benefits after the termination of his last
|
0019| preceding benefit year; provided that at the time of filing
|
0020| such a claim the individual has been paid the wages for insured
|
0021| work required under Paragraph (5) of Subsection A of Section
|
0022| 51-1-5 NMSA 1978;
|
0023| Q. "agricultural labor" includes all services
|
0024| performed:
|
0025| (1) on a farm, in the employ of any person, in
|
0001| connection with cultivating the soil or in connection with
|
0002| raising or harvesting any agricultural or horticultural
|
0003| commodity, including the raising, shearing, feeding, caring
|
0004| for, training and management of livestock, bees, poultry and
|
0005| fur-bearing animals and wildlife;
|
0006| (2) in the employ of the owner or tenant or
|
0007| other operator of a farm, in connection with the operation,
|
0008| management, conservation or maintenance of such farm and its
|
0009| tools and equipment, if the major part of such service is
|
0010| performed on a farm;
|
0011| (3) in connection with the operation or
|
0012| maintenance of ditches, canals, reservoirs or waterways used
|
0013| exclusively for supplying and storing water for farming
|
0014| purposes when such ditches, canals, reservoirs or waterways are
|
0015| owned and operated by the farmers using the water stored or
|
0016| carried therein; and
|
0017| (4) in handling, planting, drying, packing,
|
0018| packaging, processing, freezing, grading, storing or delivery
|
0019| to storage or to market or to a carrier for transportation to
|
0020| market any agricultural or horticultural commodity but only if
|
0021| such service is performed as an incident to ordinary farming
|
0022| operations. The provisions of this paragraph shall not be
|
0023| deemed to be applicable with respect to service performed in
|
0024| connection with commercial canning or commercial freezing or in
|
0025| connection with any agricultural or horticultural commodity
|
0001| after its delivery to a terminal market for distribution for
|
0002| consumption.
|
0003| As used in this subsection, the term "farm" includes
|
0004| stock, dairy, poultry, fruit, fur-bearing animal and truck
|
0005| farms, plantations, ranches, nurseries, greenhouses, ranges and
|
0006| orchards;
|
0007| R. "payments in lieu of contributions" means the
|
0008| money payments made into the fund by an employer pursuant to
|
0009| the provisions of Subsection A of Section 51-1-13 NMSA 1978;
|
0010| S. "department" means the [labor] workforce
|
0011| development department; and
|
0012| T. "wages" means all remuneration for services,
|
0013| including commissions and bonuses and the cash value of all
|
0014| remuneration in any medium other than cash. The reasonable
|
0015| cash value of remuneration in any medium other than cash shall
|
0016| be established and determined in accordance with regulations
|
0017| prescribed by the secretary; provided that the term "wages"
|
0018| shall not include:
|
0019| (1) subsequent to December 31, 1977, that part
|
0020| of the remuneration in excess of the base wage as determined by
|
0021| the secretary for each calendar year. The base wage upon which
|
0022| contribution shall be paid during any calendar year shall be
|
0023| sixty-five percent of the state's average annual earnings
|
0024| computed by the department by dividing total wages reported to
|
0025| the department by contributing employers for the second
|
0001| preceding calendar year before the calendar year the computed
|
0002| base wage becomes effective by the average annual employment
|
0003| reported by contributing employers for the same period rounded
|
0004| to the next higher multiple of one hundred dollars ($100);
|
0005| provided that the base wage so computed for any calendar year
|
0006| shall not be less than seven thousand dollars ($7,000). Wages
|
0007| paid by an employer to an individual in his employ during any
|
0008| calendar year in excess of the base wage in effect for that
|
0009| calendar year shall be reported to the department but shall be
|
0010| exempt from the payment of contributions unless such wages paid
|
0011| in excess of the base wage become subject to tax under a
|
0012| federal law imposing a tax against which credit may be taken
|
0013| for contributions required to be paid into a state unemployment
|
0014| fund;
|
0015| (2) the amount of any payment with respect to
|
0016| services performed after June 30, 1941 to or on behalf of an
|
0017| individual in its employ under a plan or system established by
|
0018| an employing unit [which] that makes provision for
|
0019| individuals in its employ generally or for a class or classes
|
0020| of such individuals, including any amount paid by an employing
|
0021| unit for insurance or annuities, or into a fund, to provide for
|
0022| any such payment, on account of:
|
0023| (a) retirement if such payments are made
|
0024| by an employer to or on behalf of any employee under a
|
0025| simplified employee pension plan that provides for payments by
|
0001| an employer in addition to the salary or other remuneration
|
0002| normally payable to such employee or class of such employees
|
0003| and does not include any payments [which] that represent
|
0004| deferred compensation or other reduction of an employee's
|
0005| normal taxable wages or remuneration or any payments made to a
|
0006| third party on behalf of an employee as part of an agreement of
|
0007| deferred remuneration;
|
0008| (b) sickness or accident disability if
|
0009| such payments are received under a workers' compensation or
|
0010| occupational disease disablement law;
|
0011| (c) medical and hospitalization expenses
|
0012| in connection with sickness or accident disability; or
|
0013| (d) death; provided the individual in its
|
0014| employ has not the option to receive, instead of provision for
|
0015| such death benefit, any part of such payment, or, if such death
|
0016| benefit is insured, any part of the premiums or contributions
|
0017| to premiums paid by his employing unit and has not the right
|
0018| under the provisions of the plan or system or policy of
|
0019| insurance providing for such death benefit to assign such
|
0020| benefit, or to receive a cash consideration in lieu of such
|
0021| benefit either upon his withdrawal from the plan or system
|
0022| providing for such benefit or upon termination of such plan or
|
0023| system or policy of insurance or of his service with such
|
0024| employing unit;
|
0025| (3) remuneration for agricultural labor paid
|
0001| in any medium other than cash;
|
0002| (4) any payment made to, or on behalf of, an
|
0003| employee or an employee's beneficiary under a cafeteria plan
|
0004| within the meaning of Section 125 of the federal Internal
|
0005| Revenue Code of 1986;
|
0006| (5) any payment made, or benefit furnished to
|
0007| or for the benefit of an employee if at the time of such
|
0008| payment or such furnishing it is reasonable to believe that the
|
0009| employee will be able to exclude such payment or benefit from
|
0010| income under Section 129 of the federal Internal Revenue Code
|
0011| of 1986; or
|
0012| (6) any payment made by an employer to a
|
0013| survivor or the estate of a former employee after the calendar
|
0014| year in which such employee died. [The provisions of this
|
0015| section shall become effective July 1, 1993.]"
|
0016| Section 106. TEMPORARY PROVISION--TRANSFER OF
|
0017| APPROPRIATIONS, EQUIPMENT, SUPPLIES, RECORDS, PERSONNEL, MONEY
|
0018| AND CONTRACTS.--
|
0019| A. On July 1, 1997, all appropriations, equipment,
|
0020| supplies, records, personnel and money of the labor department,
|
0021| the human services department, the youth conservation corps
|
0022| unit of the energy, minerals and natural resources department,
|
0023| the americorps unit of the children, youth and families
|
0024| department and the occupational health and safety bureau of the
|
0025| department of environment are transferred to the workforce
|
0001| development department. For the remainder of fiscal year 1998,
|
0002| the budgets of the labor department, the human services
|
0003| department, the youth conservation corps unit of the energy,
|
0004| minerals and natural resources department, the americorps unit
|
0005| of the children, youth and families department and the
|
0006| occupational health and safety bureau of the department of
|
0007| environment shall be the budgets of the workforce development
|
0008| department, subject to such transfers as may be required by the
|
0009| secretary of workforce development. All federal program grants
|
0010| and fund allocations or other payments made to the labor
|
0011| department, the human services department, the youth
|
0012| conservation corps unit of the energy, minerals and natural
|
0013| resources department, the americorps unit of the children,
|
0014| youth and families department and the occupational health and
|
0015| safety bureau of the department of enviroment shall be
|
0016| transferred to the workforce development department pursuant to
|
0017| the Workforce Development Department Act and shall not be
|
0018| commingled with other funds of the department or be used for
|
0019| any purpose except for the administration of the program for
|
0020| which such funds were granted.
|
0021| B. All existing contracts and agreements in effect
|
0022| as to the labor department, the human services department, the
|
0023| youth conservation corp unit of the energy, minerals and
|
0024| natural resources department, the americorps unit of the
|
0025| children, youth and families department and the occupational
|
0001| health and safety bureau of the department of environment shall
|
0002| be binding and effective upon the workforce development
|
0003| department.
|
0004| Section 108. TEMPORARY PROVISION--TRANSFER OF
|
0005| APPROPRIATIONS, EQUIPMENT, SUPPLIES, RECORDS, PERSONNEL, MONEY
|
0006| AND CONTRACTS FOR THE STATE MEDICAID PROGRAM.--
|
0007| A. On July 1, 1998, all appropriations, equipment,
|
0008| supplies, records, personnel and money of the medical
|
0009| assistance division of the workforce development department are
|
0010| transferred to the department of health. For the remainder of
|
0011| fiscal year 1999, the budget of the medical assistance division
|
0012| shall be the budget of the department of health, subject to
|
0013| such transfers as may be required by the secretary of health.
|
0014| All federal program grants and fund allocations or other
|
0015| payments made to the medical assistance division of the
|
0016| workforce development department shall be transferred to the
|
0017| department of health and shall not be commingled with other
|
0018| funds of the department or be used for any purpose except for
|
0019| the administration of the program for which such funds were
|
0020| granted.
|
0021| B. All existing contracts and agreements in effect
|
0022| as to the medical assistance division of the workforce
|
0023| development department shall be binding and effective on the
|
0024| department of health.
|
0025| Section 108. TEMPORARY PROVISION--EFFECT OF EXISTING
|
0001| RULES, REGULATIONS, ORDERS AND RULINGS.--
|
0002| A. The rules, regulations, orders and rulings of
|
0003| the medical assistance division of the human services
|
0004| department in effect on June 30, 1997 shall remain in effect
|
0005| after the effective date of this act, until repealed or
|
0006| amended.
|
0007| B. The rules, regulations, orders and rulings of
|
0008| the medical assistance division of the workforce development
|
0009| department in effect on June 30, 1998 shall remain in effect on
|
0010| or after July 1, 1998 until repealed or amended.
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0011| Section 109. REPEAL.--Sections 9-8-1 through 9-8-14,
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0012| 9-18-1 through 9-18-15 and 50-6-15 NMSA 1978 (being Laws 1977,
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0013| Chapter 252, Sections 1 through 4, 6 through 13 and 15, Laws
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0014| 1987, Chapter 31, Section 4, Laws 1987, Chapter 342, Sections 1
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0015| through 14, Laws 1993, Chapter 16, Section 2, Laws 1993,
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0016| Chapter 25, Section 2 and Laws 1963, Chapter 175, Section 3, as
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0017| amended) are repealed.
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0018| Section 110. SEVERABILITY.--If any part or application
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0019| of this act is held invalid, the remainder of its application
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0020| to other situations or persons shall not be affected.
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0021| Section 111. EFFECTIVE DATE.--
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0022| A. The effective date of the provisions of Sections
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0023| 1 through 25, 27 through 33, 35, 37, 39, 42, 44, 46, 47, 49,
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0024| 50, 52, 54, 56, 57, 59, 61 through 107 and 109 through 112 of
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0025| this act is July 1, 1997.
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0001| B. The effective date of the provisions of Sections
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0002| 26, 34, 36, 38, 40, 41, 43, 45, 48, 51, 53, 55, 58, 60 and 108
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0003| of this act is July 1, 1998.
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0004|
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0005|
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0006| FORTY-THIRD LEGISLATURE
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0007| FIRST SESSION, 1997 SB 429/a
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0008|
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0009|
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0010| February 8, 1997
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0011|
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0012| Mr. President:
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0013|
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0014| Your COMMITTEE OF THE WHOLE, to whom has been referred
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0015|
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0016| SENATE BILL 429
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0017|
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0018| has had it under consideration and reports same WITHOUT
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0019| RECOMMENDATION, amended as follows:
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0020|
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0021| 1. On page 161, line 10, strike "108" and insert in lieu thereof
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0022| "107".,
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0023|
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0024| and thence referred to the PUBLIC AFFAIRS COMMITTEE.
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0025|
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0001| Respectfully submitted,
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0002|
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0003|
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0004|
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0005| _________________________________
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0006| Manny M. Aragon, Chairman
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0007|
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0008|
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0009| Adopted_______________________ Not Adopted______________________
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0010| (Chief Clerk) (Chief Clerk)
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0011|
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0012|
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0013| Date ________________________
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0014|
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0015|
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0016| The roll call vote was 24 For 4 Against
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0017| Yes: 24
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0018| No: Adair, Gorham, Griego and Jennings
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0019| Excused: Boitano, Howes, Kidd, Lyons, Macias, Maes, McKibben,
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0020| McSorley, Rawson, Romero, Sanchez, Stockard, Tsosie, and
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0021| Vernon
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0022| Absent: None
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0023|
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0024|
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0025|
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0001| S0429WS1 .116042.1
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