0001|                            SENATE BILL 538
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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|                            L. SKIP VERNON
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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 LAW ENFORCEMENT; GIVING THE SECRETARY OF PUBLIC
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0012|     SAFETY THE AUTHORITY TO COMMISSION DEPARTMENT EMPLOYEES AS LAW
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0013|     ENFORCEMENT OFFICERS.
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0014|     
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0015|     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0016|          Section 1.  Section 9-19-6 NMSA 1978 (being Laws 1987,
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0017|     Chapter 254, Section 6, as amended) is amended to read:
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0018|          "9-19-6.  SECRETARY--DUTIES AND GENERAL POWERS.--
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0019|               A.  The secretary is responsible to the governor for
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0020|     the operation of the department.  It is his duty to manage all
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0021|     operations of the department and to administer and enforce the
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0022|     laws with which he or the department is charged.
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0023|               B.  To perform his duties, the secretary has every
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0024|     power expressly enumerated in the laws, whether granted to the
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0025|     secretary or the department or any division of the department,
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0001|     except where authority conferred upon any division is
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0002|     explicitly exempted from the secretary's authority by statute. 
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0003|     In accordance with these provisions, the secretary shall:
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0004|                    (1)  except as otherwise provided in the
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0005|     Department of Public Safety Act, exercise general supervisory
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0006|     and appointing authority over all department employees, subject
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0007|     to any applicable personnel laws and regulations; provided that
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0008|     the secretary shall not reduce positions for the seventy-sixth
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0009|     fiscal year budgeted in the General Appropriation Act of 1987
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0010|     except for cause, by attrition or by occurrence of a vacancy;
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0011|                    (2)  delegate authority to subordinates as he
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0012|     deems necessary and appropriate, clearly delineating such
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0013|     delegated authority and the limitations thereto;
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0014|                    (3)  organize the department into those
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0015|     organizational units he deems will enable it to function most
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0016|     efficiently, subject to any provisions of law requiring or
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0017|     establishing specific organizational units;
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0018|                    (4)  within the limitations of available
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0019|     appropriations and applicable laws, employ and fix the
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0020|     compensation of those persons necessary to discharge his
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0021|     duties;
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0022|                    (5)  take administrative action by issuing
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0023|     orders and instructions, not inconsistent with the law, to
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0024|     assure implementation of and compliance with the provisions of
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0025|     law with the administration or execution of which he is
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0001|     responsible and to enforce those orders and instructions by
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0002|     appropriate administrative action <s>[or actions]</s> in the court;
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0003|                    (6)  conduct research and studies that will
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0004|     improve the operation of the department and examine other
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0005|     entities and functions of state government related to public
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0006|     safety for purposes of possible transfer to the department;
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0007|                    (7)  provide courses of instruction and
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0008|     practical training for employees of the department and other
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0009|     persons involved in the administration of programs with the
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0010|     objective of improving the operations and efficiency of
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0011|     administration;
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0012|                    (8)  prepare an annual budget of the
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0013|     department;
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0014|                    (9)  provide cooperation, at the request of
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0015|     heads of administratively attached agencies, in order to:
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0016|                         (a)  minimize or eliminate duplication of
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0017|     services and jurisdictional conflicts;
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0018|                         (b)  coordinate activities and resolve
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0019|     problems of mutual concern; and
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0020|                         (c)  resolve by agreement the manner and
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0021|     extent to which the department shall provide budgeting,
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0022|     recordkeeping and related clerical assistance to
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0023|     administratively attached agencies, if any;
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0024|                    (10)  appoint, with the governor's consent, for
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0025|     each division, a director.  These appointed positions are
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0001|     exempt from the provisions of the Personnel Act.  Persons
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0002|     appointed to these positions shall serve at the pleasure of the
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0003|     secretary;
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0004|                    (11)  appoint the director of the New Mexico
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0005|     law enforcement academy, subject to the approval of the New
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0006|     Mexico law enforcement academy board;
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0007|                    (12)  give bond in the penal sum of twenty-five
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0008|     thousand dollars ($25,000) and require <u>division</u> directors to
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0009|     each give bond in the penal sum of ten thousand dollars
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0010|     ($10,000), conditioned upon the faithful performance of duties
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0011|     as provided in the Surety Bond Act, with the department paying
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0012|     the cost of such bonds; and
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0013|                    (13)  require performance bonds of such
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0014|     employees and officers as he deems necessary as provided in the
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0015|     Surety Bond Act, with the department paying the costs of such
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0016|     bonds.
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0017|               C.  The secretary may apply for and receive, with
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0018|     the governor's approval, in the name of the department, any
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0019|     public or private funds, including but not limited to United
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0020|     States government funds, available to the department to carry
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0021|     out its programs, duties or services.
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0022|               <u>D.  The secretary may commission employees as peace
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<u></u>0023| <u>    officers when the employees' primary duties are law
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<u></u>0024| <u>    enforcement- related and the employees are certified pursuant
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<u></u>0025| <u>    to the Law Enforcement Training Act.</u>
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0001|               <s>[D.]</s> <u>E.</u>  Where functions of departments overlap
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0002|     or a function assigned to one department could better be
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0003|     performed by another department, the secretary may recommend
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0004|     appropriate legislation to the next session of the legislature
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0005|     for its approval.
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0006|               <s>[E.]</s> <u>F.</u>  The secretary may make and adopt such
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0007|     reasonable and procedural rules and regulations as may be
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0008|     necessary to carry out the duties of the department and its
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0009|     divisions.  No rule or regulation promulgated by the director
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0010|     of any division in carrying out the functions and duties of the
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0011|     division shall be effective until approved by the secretary
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0012|     unless otherwise provided by statute.  Unless otherwise pro-
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0013|     
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0014|     vided by statute, no regulation affecting any person or agency
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0015|     outside the department shall be adopted, amended or repealed
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0016|     without a public hearing on the proposed action before the
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0017|     secretary or a hearing officer designated by him.  The public
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0018|     hearing shall be held in Santa Fe unless otherwise permitted by
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0019|     statute.  Notice of the subject matter of the regulation, the
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0020|     action proposed to be taken, the time and place of the hearing,
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0021|     the manner in which interested persons may present their views
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0022|     and the method by which copies of the proposed regulation, pro-
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0023|     
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0024|     posed amendment or repeal of an existing regulation may be
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0025|     obtained shall be published once at least thirty days prior to
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0001|     the hearing date in a newspaper of general circulation in the
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0002|     state and mailed at least thirty days prior to the hearing date
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0003|     to all persons who have made a written request for advance
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0004|     notice of hearing.
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0005|               <s>[F.]</s> <u>G.</u>  All rules and regulations shall be
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0006|     filed in accordance with the State Rules Act."
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0007|          Section 2.  EFFECTIVE DATE.--The effective date of the
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0008|     provisions of this act is July 1, 1997.
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0009|                              
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