44TH LEGISLATURE - STATE OF NEW MEXICO - FIRST SESSION, 1999

RELATING TO STATE AGENCIES; ADMINISTRATIVELY ATTACHING THE NEW MEXICO YOUTH CONSERVATION CORPS COMMISSION TO THE STATE LAND OFFICE; CHANGING THE MEMBERSHIP OF THE COMMISSION.

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

Section 1. Section 9-5B-1 NMSA 1978 (being Laws 1992, Chapter 91, Section 1) is amended to read:

"9-5B-1. SHORT TITLE.--[This act] Chapter 9, Article 5B NMSA 1978 may be cited as the "New Mexico Youth Conservation Corps Act"."

Section 2. Section 9-5B-3 NMSA 1978 (being Laws 1992, Chapter 91, Section 3) is amended to read:

"9-5B-3. DEFINITIONS.--As used in the New Mexico Youth Conservation Corps Act:

A. "commission" means the New Mexico youth conservation corps commission;

B. "corps" means the New Mexico youth conservation corps;

C. "corps member" means a person enrolled in the corps;

[D. "department" means the energy, minerals and natural resources department;

E] D. "nonprofit organization" means any organization that has been granted an exemption from federal income tax by the United States commissioner of internal revenue as an organization described in Section 501(c) of the United States Internal Revenue Code of 1986, as amended or renumbered;

E. "office" means the state land office;

F. "project" means an activity that can be completed in six months or less, results in a specific identifiable service or product that otherwise would not be accomplished with existing funds and does not duplicate the routine services or functions of the sponsor;

G. "resident" means an individual who has resided in New Mexico for at least six months before applying for employment with the corps; and

H. "sponsor" means any local unit of government, state agency, federal agency, nonprofit organization or federally recognized Native American tribe."

Section 3. Section 9-5B-5 NMSA 1978 (being Laws 1992, Chapter 91, Section 5) is amended to read:

"9-5B-5. COMMISSION CREATED--MEMBERSHIP--APPOINTMENTS--

TERMS--VACANCIES--COMPENSATION.--

A. There is created a nine-member "New Mexico youth conservation corps commission", which is administratively attached to the [department] office. The commission consists of the following members:

(1) the superintendent of public instruction or his designee;

(2) the commissioner of public lands or his

designee;

[(3) the secretary of energy, minerals and natural resources or his designee]

(3) the director of the state parks division or his designee;

(4) the secretary of [the youth authority] children, youth and families or his designee; and

(5) five members of the general public appointed by the governor to reflect the geographic diversity of the state, one of whom is knowledgeable in the current policies of the United States forest service and one of whom is Native American.

B. One [of the members] public member of the commission shall be appointed by the governor for a one-year term, two public members shall be appointed for two-year terms and two public members shall be appointed for three-year terms [and]. All subsequent appointments of public members shall be made for three-year terms.

C. The public members shall serve at the pleasure of the governor. Vacancies on the commission caused by the loss of a public member shall be filled by appointment by the governor for the unexpired term within sixty days of the vacancy. Public commission members shall serve until their successors have been appointed.

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

E. Members of the commission shall be compensated as provided in the Per Diem and Mileage Act and shall receive no other compensation, perquisite or allowance."

Section 4. Section 9-5B-6 NMSA 1978 (being Laws 1992, Chapter 91, Section 6) is amended to read:

"9-5B-6. COMMISSION--POWERS AND DUTIES.--

A. The commission may:

(1) accept gifts, devises, grants and donations from others to carry out the provisions of the New Mexico Youth Conservation Corps Act;

(2) request assistance and staff support from the [department] office;

(3) employ such personnel as necessary to carry out the provisions of the New Mexico Youth Conservation Corps Act;

(4) delegate responsibility for the administration and implementation of conservation projects, corps members' employment and supervision, project coordination and other program matters;

(5) establish work camps and long-term residential facilities to house corps members and their supervisors; and

(6) contact potential sponsors and funding sources for support.

B. The commission shall:

(1) adopt rules [and regulations] that are necessary for the proper administration of the New Mexico Youth Conservation Corps Act;

(2) administer and enforce the provisions of the New Mexico Youth Conservation Corps Act and rules [and regulations] adopted pursuant to Paragraph (1) of this subsection;

(3) develop and approve corps work projects, activities and contracts with project sponsors;

(4) establish standards, procedures and policies for selecting, hiring, providing compensation for and other personnel matters involving corps members and other personnel;

(5) foster partnerships and cooperation between the corps and New Mexico's secondary and post-secondary schools to assist corps members in obtaining education and job training; and

(6) hire a program manager, who shall be the administrative officer of the corps."

Section 5. Section 9-5B-10 NMSA 1978 (being Laws 1992, Chapter 91, Section 10) is amended to read:

"9-5B-10. FUND CREATED--DISPOSITION.--

A. The "New Mexico youth conservation corps fund" is created in the state treasury. All appropriations, gifts, devises, grants and donations received shall be deposited in the fund. Money in the fund is appropriated to the commission for the purpose of carrying out the provisions of the New Mexico Youth Conservation Corps Act. Any interest accruing to the fund shall remain in the fund. Money in the fund shall not revert at the end of a fiscal year.

B. The fund shall be administered by the [department] office. Disbursements from the fund shall be made only upon warrant drawn by the secretary of finance and administration pursuant to vouchers signed by the chairman of the commission or his designee for the purpose of carrying out the provisions of the New Mexico Youth Conservation Corps Act."

Section 6. TEMPORARY PROVISION--TRANSFER OF PROPERTY AND CONTRACTS.--On July 1, 1999, all money, appropriations, records, equipment, furnishings and other property held by the energy, minerals and natural resources department for the benefit of the New Mexico youth conservation corps or the New Mexico youth conservation corps commission shall be transferred to the state land office. All existing contracts and other obligations that the energy, minerals and natural resources department entered into for the New Mexico youth conservation corps or the New Mexico youth conservation corps commission shall be binding on the state land office.

Section 7. EFFECTIVE DATE.--The effective date of the provisions of the provisions of this act is July 1, 1999.